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(영문) 서울서부지방법원 2019.06.14 2019고단1210
업무방해등
Text

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

Reasons

Punishment of the crime

1. On April 9, 2019, from around 13:10 to 13:45 on the same day, the Defendant: (a) from “C” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) the victim D, who is an employee of the said store, called the victim D, to have the mobile phone rate system run close down and terminated; and (c) the victim, on the ground that the victim, after drinking alcohol, went back again to the Defendant, caused the victim to go to another customer in the said store by avoiding the disturbance, such as “Fraud Ma x x ? ? Dok x Dok.”

Accordingly, the Defendant interfered with the mobile phone agency business of the victim D by force.

2. On April 9, 2019, at around 13:45, the Defendant: (a) stated in the foregoing paragraph (1) at the place; (b) reported by the police officer F of the Seoul Western Police Station Efers, who called “Isson ? ? ? ? ? ? ? ? ? ? ? ? ? ? ’ ? ? ? ’ ’ ? ? ’ ’ ? ? ? ’ ’ ’ at the right bridge on the right bridge; and (c) the police officer assigned to the Seoul Seodaemun Western Police Station Efers of Seoul Western Police Station used the above F to walk the Defendant at one time on the right bridge so that the police officer, who was sent, can separate the Defendant interested from the above F, and assault the Defendant at the right bridge.

Accordingly, the Defendant interfered with legitimate execution of duties, such as prevention, suppression and investigation of F crime, public peace and maintenance of order, which is a police official.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of D;

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. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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

A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1).

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