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(영문) 의정부지방법원 고양지원 2018.01.26 2017고단3623
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On November 22, 2017, the Defendant obstructed the victim’s main business by force, such as: (a) at the point of “D” of the victim’s operation on the 1st underground floor located in U.S. Dong-dong, U.S., Dong-gu, U.S., U.S., 2017; (b) at the time of vision due to the drinking value; (c) at the time of the foregoing, the Defendant expressed the victim’s desire to “Chnhy” as “ception; and (d) the Plaintiff’s strawing of the alcohol-related disease, flading the alcohol-related disease into a

2. The Defendant, at the above time and at the above place, listened to the Defendant’s speech that he would return home from the victim F, who is the police officer affiliated with the police box of the Yongsan-dong Police Station E box of the Yongsan-dong Police Station, sent out after receiving a report of 112, he expressed the said police officer’s desire to read “Chewing gue, sucking,” and carried out the arms of the police officer by hand, and carried out the arms of the police officer, and pushed the chest and sprink.

Accordingly, the defendant openly insulting the above victim, and interfered with the police officer's legitimate performance of official duties concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

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

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (Interference with the performance of duties, selection of punishment by imprisonment), Article 136(1) of the Criminal Act (Interference with the performance of public duties, selection of punishment by imprisonment, etc.), and Article 311 of the Criminal Act (Appointment of insult and selection of punishment by 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes falling under Category 1 (Obstruction of Performance of Official Duties) [Scope of the recommended punishment] and the scope of the final sentencing due to the aggravated punishment for multiple crimes with no basic area (Interference with Duties) (the scope of the recommended punishment) (the scope of June to one year and six months), which has no basic area (the person subject to special sentencing) (the scope of the punishment for the crimes) (the scope of interference with Duties), and the basic area (the range of June to one year and six months) (the person subject to special sentencing) (the person subject to special sentencing): June to February: the scope of the final sentence due to the aggravated punishment for the crimes from March to March;

2. The Defendant, under the influence of alcohol, has a noise at his main point.

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