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(영문) 의정부지방법원 2016.03.25 2015고단1735
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 2, 2015, from around 04:30 to around 05:00, the Defendant: (a) entered a restaurant operated by the victim D with the victim D with the victim D 1st floor in his/her own city for about 30 minutes; and (b) ordered food customers to take a bath; (c) continued to interfere with the victim D cafeteria’s restaurant business by talking the customers in his/her restaurant and her happiness; and (d) continued to interfere with the victim D cafeteria business.

2. The Defendant interfered with the performance of official duties on the ground that he was a police officer F and one other who was dispatched to the site after receiving a report at the above time, at the above place, and received the above actions from the police officer F and one other who was subject to the above actions, he could be a murder weapon.

C. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. in that the F. F. F. F. F. (or F.) in the course of stopping the Defendant and continuing to produce it out of the restaurant;

씨 발 놈 좃 같은 놈 아. ”라고 욕설을 하면서 손으로 가슴을 밀치는 등 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. Application of Acts and subordinate statutes by cutting down fash photographs, each investigation report (a photograph by cutting down CCTVs in a restaurant and attaching photographs, external CCTV images of a restaurant), and each CCTV course;

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 former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the sentencing of Article 62-2 of the Criminal Code of the Social Service Order: The defendant interferes with the victim D's restaurant business, interferes with the legitimate performance of official duties by the police officer dispatched, etc.; the victim is a victim.

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