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(영문) 서울동부지방법원 2015.08.19 2015고단64
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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. Around 18:00 on December 10, 2014, the Defendant interfered with the business, on the ground that, to the victim D who is guiding the progress of ready-mixed vehicles at the site of multi-household housing construction in Songpa-gu Seoul Metropolitan Government, it is difficult for the Defendant to enter the construction site on the ground that the noise of construction is satisfy,” and sound is satisfy, prevent the instant truck for about 40 minutes, blocking the front of ready-mixed trucks, and prevent them from entering the construction site.

Accordingly, the defendant interfered with the victim's multi-household housing construction work.

2. The Defendant interfered with the performance of official duties at the date, time, place, etc. specified in paragraph (1) of this Article refers to interference with the performance of duties if he prevents a ready-mixed vehicle from entering the scene F of the Songpa Police Station E District, in which he was dispatched upon receipt of a report. “The Defendant, at his hand, sealed F’s chests in several times, and assaulted F’s arms at one time.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D and F

1. Relevant Articles 314(1) and 136(1) of the Criminal Act and the choice of punishment for the crime; the choice of imprisonment with prison labor;

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. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The basic area of the obstruction of performance of official duties (6-1-4 months) [decision of the sentence] / The sentence of the obstruction of official duties in 2008 is sentenced to the suspended sentence of two years for the suspension of execution of eight months for the crime of obstruction of official duties, etc. However, there are many violent forces such as the suspended sentence of two years for the suspension of execution, the degree of

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