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(영문) 인천지방법원 부천지원 2019.02.19 2018고단3113
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 21, 2018, around 02:30, the Defendant was unable to avoid disturbance for about 30 minutes by force, such as “C”, which was operated by the Victim C (Inn, 51 years of age) on the 1st underground floor of Bupyeong-si, Seocheon-si, B, and thus, under the influence of a victim who was requested to return home from the victim, he could have avoided disturbance for about 30 minutes by force.

Accordingly, the Defendant interfered with the victim's bar business by force.

2. On October 21, 2018, the Defendant committed assaulting F on the place indicated in the foregoing Paragraph 1, around 03:30 on October 21, 2018, the Defendant: (a) expressed that “C sprinks, sprinks, sprinks, and splates, sprinks, sprinks, splates,” and assaulted F on F’s bridges, sprinks, sprinks, and sprinks, one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of C and G;

1. A criminal investigation report (on-site CCTV image investigation), a criminal investigation report (police officers' barc image investigation), and a criminal investigation report (to hear statements of victims);

1. Place of service;

1. Application of CCTV and balp images and the Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Articles 314(1) and 313 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. First Crimes (Scope of Recommendation) (Obstruction of Performance of Official Duties) (Scope of the Obstruction of Performance of Official Duties) and the basic area (6 months to 1 year and 6 months) of the 1st category of the Obstruction of Performance of Official Duties (Obstruction of Performance of Official Duties)

(b) Class 2 crime (Interference with Business) (Scope of Recommendation) (Scope of Business Recommendation) is one category (Interference with Business). The basic area (Interference with Business) is the basic area (6 months to 1 year and 16 months).

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