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(영문) 수원지방법원 여주지원 2018.11.20 2018고단928
업무방해
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On May 16, 2018, the Defendant was sentenced to the suspension of the execution of official duties by the District Court for eight months, and the said judgment became final and conclusive on May 24, 2018.

On September 11, 2018, the Defendant: “D' operated by the Victim C (Woo, 57 years of age) in Gyeonggi-si B (Woo) on September 22, 2018, the Defendant misleads that a person who was under the influence of alcohol steals his mobile phone of the Defendant and steals the Defendant’s mobile phone, thereby misunderstanding that the person was stolen from the Defendant’s mobile phone.”

“Along with sound, the victim blicked the police officer to move to the above main points by making a report on 112, and continuously dispatched the police officer, the police officer blick blick blick blick blick blick blick blick blick, etc., and the police officer blick blick blick blick blick blick blick blick blick blick blick blick blick blick flicks around customers, etc.,

Accordingly, the defendant interfered with the victim's main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement made to C;

1. A complaint filed by E;

1. Statement protocol with respect to E;

1. Application of Acts and subordinate statutes to a written agreement;

1. Grounds for sentencing of punishment in accordance with Article 314 (1) of the Criminal Act and Article 314 of the Criminal Act concerning the crime;

1. One month to eight months from the scope of the recommended sentence (unlimited to the penalty);

2. When a sentence is rendered, the fact that the sentence is accepted and reflected, agreed with the victim, etc. shall be considered in favor of the victim.

However, even though the defendant is still under suspension of execution due to interference with the present performance of official duties, it shall be considered disadvantageously considering the fact that the defendant interfered with the duties of police officers dispatched to the site at the time of the instant case, and that there are many military forces punished by violence, etc.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered.

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