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(영문) 춘천지방법원 2015.04.09 2015고단127
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant interfering with his/her duties on the ground that, from November 22, 2014 to December 22:30 of the same day, he/she was found to have solid satis from the “E” body of the victim D in Chuncheon City from November 11, 2014 to 22:30 of the same day with the victim.

The victim's restaurant business was obstructed by force by taking advantage of the fact that the victim's chests, such as taking the victim's chest on his head, etc., were frightened.

2. The Defendant: (a) took a bath to the G circumstances belonging to the Chuncheon Police Station F District Unit, which called “Yancheon-gu, F District Branch of the F District of the Chuncheon Police Station: (b) 112, while avoiding disturbance as stated in paragraph (1) at the time and place; (c) assaulted the victim’s breath by blading the breath by spacking the victim’s bat.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including H part of the statement);

1. Application of each statute on police statements made to D, I, J, and K;

1. Relevant Articles 314(1) and 136(1) of the Criminal Act and the choice of punishment for the crime, the applicable Articles of the Criminal Act and the choice of imprisonment;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes of obstruction of the performance of official duties [Punishment of Crimes of obstruction of the performance of official duties] / Forced execution of official duties (Scope of sentence of recommendation] 6 months to 1 year and 4 months (basic area)

B. Since the sentencing guidelines for handling multiple crimes are competition with the crime of obstruction of performance of official duties and the crime of interference with business against which no sentencing guidelines are set, the sentencing guidelines for the crime of obstruction of official duties are followed.

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