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(영문) 인천지방법원 2016.06.30 2016고단2322
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 23:00 on January 29, 2016, the Defendant interfered with the business of the victim’s main shop in Seo-gu Incheon, Seo-gu, Seo-gu, the Defendant: (a) expressed the victim’s desire to “a bit of bitch bitch bitch bitch bitch,” while under the influence of alcohol, expressed the victim’s desire to “a bit of bitch bitch bitch bitch bitch,” and obstructed the victim’s main shop business by avoiding disturbance for about 30 minutes.

2. The Defendant obstructed the performance of official duties, at the time, at the place specified in paragraph 1, and at the same time, at the place specified in paragraph 1, and at the 112 report, and arrested a flagrant offender under suspicion of interference with duties from the slopeF belonging to the Incheon Western Police Station EdistrictF, which was called up, and assaulted on three occasions the chest and the bridge part of the slope F on board the patrol vehicle.

Accordingly, the defendant assaulted F and interfered with the police officer's investigation and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, G, and F;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the obstruction of business, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the choice 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and four months), and there is no special sentencing factor;

(b) Class 2 Crimes (Obstruction of Duties) [Scope of Recommendation] Interference with Duties, Category 1 (Obstruction of Duties) (No. 1 month or 8 months) [Specially mitigated Persons] Scope of Final Punishment due to the aggravation of punishment non-exclusive crimes: Six months to one year:

2. The defendant who has been sentenced to sentence shall interfere with the business of the victim C by avoiding disturbance in the state of his taking, and assault the police officer dispatched after receiving a report, and the nature of the crime is not good;

However, the defendant.

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