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(영문) 인천지방법원 2017.06.15 2017고단3005
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 21, 2017, from around 20:30 to 20:50 the same day, the Defendant interfered with the business of the victim’s restaurant business by force by forcing the Defendant, who met the said restaurant’s president, to drink only, to drink, to have the Defendant talked with the said restaurant’s restaurant business, such as d’D’ restaurant located in the Nam-gu Incheon Metropolitan City; and by allowing the Defendant, who d’s president of the said restaurant, e.g., e., e., e., g., e., g., e., talking

2. The Defendant interfered with the performance of official duties on the same day as that of the preceding paragraph at around 20:50 on the street in front of the same place as that of the preceding paragraph, shall receive 112 reports and send the report to the site, and if there is a slope G belonging to the Incheon Southern Police Station F box called to the site “Imson.”

”라고 물어 보자 “ 짭새 씹새끼들 아 왜, 내가 경찰관 한두 번 팬 게 아니다 ”라고 하며 손으로 G의 허벅지를 때리고, 계속하여 피고인을 저지하는 G에게 “ 씨팔놈들 아 ”라고 욕설을 하며 손으로 G의 양쪽 팔과 입술 부위를 때리는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. E statements;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Law for the protection and observation of protection and the community service order, and the sentencing of Article 62-2 of the Social Service Order, crimes 1 (Obstruction of Performance of Official Duties) / [the scope of recommended punishment / [the scope of the recommended punishment / [the scope of the duties] in the area of punishment / [the person subject to special mitigation ] in the area of mitigation / [the person subject to special mitigation ] in the area of punishment / [the person subject to special mitigation ] in the area of mitigation / [the person subject to special mitigation ] in the area of punishment (including the efforts to recover damage).

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