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(영문) 수원지방법원 성남지원 2017.07.05 2017고단1131
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 March 31, 2017, around 00:45, the Defendant obstructed the victim’s main business by abusing 20 minutes by: (a) “D amusement shop” where the victim C (35 taxes) was under the influence of alcohol and having the victim talked about 20 minutes, such as “I am gue, women’s horses,” and “I am a large number of horses,” thereby obstructing the victim’s main business by force.

2. In the same date and time, at the same place, the injured Defendant suffered from the face of the above victim who was suffering from the disturbance as above, several times of hairs, and entered the victim’s arms, thereby causing injury to the victim, such as “satise dynasium and tension,” which requires approximately three weeks of medical treatment.

3. The defendant who interfered with the performance of official duties at the same place in around 00:58 on the same day, and at the same place in which he was dispatched after receiving a report on 112 that the defendant wears his happiness.

The police officer F, a police officer belonging to the police station E District G, prevented the Defendant from disturbing the Defendant’s disturbance, and the police officer assaulted the said police officer with the bridge F’s breath by breathing the ballef’s ballef’s ballef’s balle, and pushing the balle G’s bale into the wall, thereby obstructing the police officer’s legitimate performance of duties concerning the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to C, F, and G;

1. Application of statutes on site and victim photographs;

1. Article 257(1) of the Criminal Act in relation to the facts constituting an offense (the point of injury), Article 314(1) of the Criminal Act (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of official duties);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who interferes with the performance of public duties by mutual consent and by obstructing the performance of public duties by mutual consent and by obstructing the performance of public duties by mutual consent and by mutual consent among persons who are more severe);

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing guidelines shall be recommended;

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