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(영문) 서울북부지방법원 2017.01.20 2015고단1225
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 9, 2015, from around 06:50 to around 07:20 the same day, the Defendant interfered with the victim’s restaurant business for about 30 minutes by force, such as: (a) when the victim C was under the influence of drinking and drinking in the “D” restaurant operated by Dongdaemun-gu Seoul Metropolitan Government, the Defendant obstructed the victim’s restaurant business for about 30 minutes by burning the disturbance, putting the gate on the floor, and taking the large sound.

2. The Defendant interfered with the performance of official duties, upon receiving a report on the interference with the duties as referred to in paragraph 1(1) at the date, time, and place, and soliciting the Defendant to return home to the Defendant by the E District security guards of the Seoul Dongdaemun Police Station E District guardF of the Seoul Dongdaemun Police Station, and assaulted the above F at one time by bucking off the said F with the lower hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and criminal investigations by police officers.

Summary of Evidence

1. Each police statement made to F and C;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

1. The basic area (six months to one year and four months) of the crime of setting the sentencing guidelines for concurrent crimes (one month to five years from statutory penalty) [the decision of sentence] [the defendant's attitude shown before and after the crime, the defendant's criminal history shown before and after the crime, and the defendant's criminal history, etc. shall be determined by taking into account the following factors: the first sentence of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes; the obstruction of performance of official duties [the scope of recommendation]; the obstruction of performance of official duties; and the basic area (six months to one year and four months from the date of special sentencing].

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