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(영문) 광주지방법원 2016.07.21 2016고단1663
업무방해등
Text

Defendant shall be punished by imprisonment for five months, and the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 3, 2016, the Defendant: (a) around 21:00, the Defendant obstructed the operation of the restaurant by force of the victim for about 30 minutes, including: (b) not wrapping the remaining food in the “D” restaurant operated by the victim C; and (c) performing a serious desire for the victim, such as the scopic flap, etc.

2. The Defendant interfered with the performance of official duties at around 22:00 on the foregoing day, and at around 112, the Defendant interfered with the police officer’s legitimate performance of duties concerning the handling of reported cases, etc. by police officers, such as “I am home, I am dead of this son, and I am shot,” and “I am shot, I am shot, I am shot, I am shot, I am am shot at the same place.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the police accused;

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

1. A written statement, an invoice, a part of damage, a copy of a work log, a CCTV image investigation report, and the application of statutes that have not been applied to punishment;

1. Article 136 (1) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

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. On the grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence, Article 62(1) of the Act on the Suspension of Execution, where the degree of assault, intimidation, and deceptive scheme is minor in the mitigated area (i.e., one type (i., one month to eight months) (ii) (i.e., interference with the performance of official duties) (i., one month) (ii) (ii) (iii) (i.e., the mitigated area (i., one month to eight months) (ii) (i.e., the mitigated area (i., one month to eight months) [including a special mitigated person] the mitigated area (including a serious effort to recover damage) (i.e., the scope of punishment): the final sentencing range based on multiple aggravated crimes for which no punishment is imposed (including a serious effort to recover damage): one month to one year (i.e., a sentence)

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