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(영문) 서울서부지방법원 2015.06.17 2014고단2922
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. On September 2, 2014, at around 01:53, the Defendant obstructed the victim’s operation of the skin by force, such as taking the victim E and customers, who are an employee under the influence of alcohol, with the large sound of “Chewing strings, sludge,” which read “Chewing strings” in Yongsan-gu Seoul, Yongsan-gu, Seoul.

2. The Defendant interfered with the performance of official duties on the same day at around 02:20, the Seoul Yongsan-gu Seoul, the Seoul Yongsan-gu, the Seoul Yongsan-gu Police Station, where G was dispatched with a report of interference with duties in front of Yongsan-gu Seoul, and obstructed the police officer’s legitimate execution of duties on the handling of the reported case, etc., of the police officer’s 112 report.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of the police statement concerning G;

1. Each written statement of E, H, and I [the defendant denies that there is no desire for a police officer to commit a crime Paragraph 2 (Obstruction of Performance of Official Duties) or that he/she does not injure his/her chest; however, according to the evidence duly adopted and investigated by the court, the defendant is acknowledged to interfere with the legitimate performance of duties by a police officer] legal application of the law

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

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

1. While it is necessary to strictly punish the Defendant inasmuch as the Defendant interfered with another person’s business by avoiding the disturbance of the reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below), and obstructed the legitimate performance of duties by police officers by using violence against the police officers, the Defendant has no record of criminal punishment other than a fine once, and the Defendant has no record of other criminal punishment except for a fine, and the Defendant’s age, character, character, and environment.

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