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(영문) 서울남부지방법원 2016.12.16 2016고단5002
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 7, 2016, around 23:45, the Defendant obstructed the victim’s main store business by force for about 30 minutes, such as: (a) the victim’s main store of “D” operated by the victim C in Yangcheon-gu Seoul, Yangcheon-gu, Seoul; (b) the b) the b) the b) the b) the b) the b) the b) the alcohol, and the b) the b) the b) the b) the b) the

2. On October 8, 2016, the Defendant: (a) around 00:15, at around 00:15, the Defendant: (b) stated that the slope F belonging to the Seoul Yangcheon Police Station E District, which received 112 reports, paid the Defendant food costs and returned home; (c) took a bath to the said F; (d) took a bath at around one time; and (e) took a reported physical exercise at one time; and (e) took the head of F.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control and prevention of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement against F and C;

1. C’s statement;

1. Application of investigation reports (related to attaching evidentiary images) and CCTV-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

(a) Type 1 (Interference with Business) (Decision of Types), the basic area [Decision of the recommended area] [Scope of Recommendation] from 6 months to 1 year and 6 months; and

B. Type 1 (Decision on the Obstruction of Performance of Official Duties) of the Act on the Obstruction of Performance of Official Duties (Decision on the Suspension of Performance of Official Duties) (Decision on the Place of Recommendation), the basic area [Scope of Recommendation] from 6 months to 1 year and 4 months.

(c)[final sentence scope] Aggravation of multiple offenses (as a result of 1/2 of the upper limit of crimes No. 1): 6 months to 2 years:

2. Circumstances unfavorable to a ruling of sentence: this case;

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