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(영문) 서울북부지방법원 2016.10.12 2016고단2806
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 29, 2016, at around 15:10 on June 29, 2016, the Defendant: (a) followed C by “D” in the vicinity of the Dongdaemun-gu Seoul Dongdaemun-gu Homeplus, saying, “I stop and wherever you see”; and (b) followed C to go back to “D” in the vicinity of C.

The Defendant interfered with the business affairs of the said victim E by force, such as making three customers, such as the victim E, etc. of the store staff, who sees the reasons why they had entered the store in the above “D,” with the “dwarf,” and taking a bath, etc. for about 30 minutes.

2. At around 15:40 on June 29, 2016, the Defendant assaulted the above G by the police officer G (the age 51) belonging to the Seoul Eastdong Police StationF District who was called out after receiving 112 a 112 report to the said G in the course of listening to the circumstances of the instant case by the police officer G (the age 51) who said G while taking a bath to the said G. In doing so, the Defendant assaulted the said G, such as dumping the hot coffee of the instant case into G, and dump the left mouth by verbal expression.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. E statements;

1. Each investigation report, application of photographic Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

2. The scope of the recommended punishment according to the sentencing guidelines shall be limited to the category 1 (Interference with Business) (Scope of Recommendation) and the basic area (Interference with Business) (six months to one year and six months) (special person).

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