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(영문) 인천지방법원 부천지원 2018.07.12 2018고단1318
업무방해등
Text

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

Reasons

Punishment of the crime

1. On April 14, 2018, from around 15:24 to 15:35 of the same day, the Defendant: (a) entered into a state of alcohol under the influence of “D” on the 1st century operated by the Victim B from around April 14, 2018; (b) made it clear that the Defendant would be in the middle of the brupt distance under the influence of alcohol and that the Defendant would be in the middle of the breath; and (c) the Defendant would have been able to say that the Defendant would be under the influence of alcohol

C. The victim's business operation was obstructed by force by avoiding the disturbance between about 10 minutes, such as bringing his bank and her mother on the floor without listening to the horses that may vary from the damaged person and continuing to talk.

2. The Defendant interfered with the performance of official duties at the time and place specified in paragraph 1, and at the time and place specified in paragraph 1, and after receiving a report, sent out from F to the police officer F, who was requested to change from the police officer F, who was called out, and went out of the said F, and went out of the said F, and subsequently, went out of the said F, and used violence, such as making a picture, booming the ebbbb, and slicking the F.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. B written statements;

1. 112 Reporting case handling table;

1. Application of the Acts and subordinate statutes to photograph CCTV images at the scene of crime;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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

1. Scope of the recommended sentences according to 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 six months), and there is no special sentencing factor (a person with special sentencing)

B. No. 2 Crimes (Obstruction of Business Affairs) [Scope of Recommendation] Obstruction of Business Affairs (Interference with Type 1 (Obstruction of Business Affairs) (In January - 8)] Suspension of Punishment (Special Reduction Approvals) (Recovery of Damage)

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