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(영문) 인천지방법원부천지원 2020.11.27 2020고단3215
업무방해
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

Around February 25, 2020, the Defendant assaulted the police officer who was called out after receiving the victim’s 112 report from the victim, and was sentenced to a fine of KRW 4 million for obstruction of performance of official duties at the Seoul Southern District Court on June 24, 2020.

At around 16:30 on July 28, 2020, the Defendant found in the above Dcar P Pa Pa P while drunking on the Ka Pa Pa Pa Pa P, “A criminal case has been brought in, and a fine of KRW 4 million has been brought out of, a fack,” and the Defendant facing the time fees for customers in the Ka Pa P, and facing the tobacco in the Ka Pa Pa P, and made them out of, the Ka Pac.

During that period, the defendant got out of a car page, the victim, the defendant, and the defendant were able to walk up the car screen door on several occasions, and sound against the customers who want to enter the car screen in front of the car screen by holding the door door several times.

As a result, the defendant interfered with the carpet business of the victim by force for about three hours.

Summary of Evidence

1. Statement of the police officer C on the defendant's protocol of interrogation of some police officers concerning the defendant;

1. Application of Acts and subordinate statutes to each investigation report on the scene of damage, on-site photographs (on-site situations and the background leading to the arrest of flagrant offenders, etc.) in the C’s written statement (topin currency, suspect car page smoking photographs, and attach relevant case rulings);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. 양형기준에 따른 권고형량의 범위 ▷ 기본범죄(업무방해) [권고형의 범위] 업무방해범죄 > 업무방해 > 감경영역(~8월) [특별양형인자] 특별감경요소: 처벌불원

2. The crime of this case by which a sentence is rendered shall be the victim.

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