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(영문) 서울남부지방법원 2017.03.30 2016고단5641
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 November 4, 2016, around 21:30, the Defendant obstructed the victim’s main business by force for about one hour and 30 minutes, by entering the victim’s “E main store” in the Gangseo-gu Seoul Metropolitan City C market 2, and without any justifiable reason, talking the victim to “Sing the victim”, avoiding the disturbance, and allowing the customer in the said main store to get out of the main store. In short, the Defendant interfered with the victim’s main business by force for about one hour and 30 minutes.

2. The Defendant interfered with the performance of official duties on November 5, 2016, and around 00:25, on the grounds that it does not seem D in the situation where he was arrested as a current offender of the crime specified in the above paragraphs 1 and 2 before the Seoul Police Station G police box located in Gangseo-gu Seoul, Gangseo-gu Seoul, Seoul, and attempted to board the patrol station.

“Absecting the Defendant,” the Defendant was accompanied by a slope H affiliated with the said police box, and she was seated at the rear seat of the patrol box, and she was found to be “I will not be accompanied by her to a patrol officer affiliated with the said police box,” and the Defendant she she she saw “I will not be accompanied by her to absect.”

"To the end, the face of the above H was taken once by drinking, and the above H and I assaulted the part of the above H's bridge on one occasion due to the defect that the defendant attempted to take a lock.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made to D and H

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. The reason for sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation is one crime (influence of the performance of official duties) (the scope of recommendations).

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