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(영문) 서울동부지방법원 2016.05.20 2016고단758
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 10, 2016, the Defendant: (a) around 19:05 on February 10, 2016, within the “D” restaurant operated by the 1st floor victim C of Songpa-gu Seoul Metropolitan Government B building; and (b) even if the Defendant’s mobile phone was driven by Defendant’s person, the Defendant would open the door without people.

“Along with the sound, the victim was punished by hand with other customers, the victim was pushed with the victim, and the aforementioned conduct was kept in the Defendant’s cell phone.

In spite of their words, “I had a Handphone within any 15-year Handphone, .. . .” sent the table table, which interfered with the victim’s restaurant business by force between about 15 minutes, such as having other customers go to the restaurant.”

2. On February 10, 2016, at the above restaurant around 19:20 on February 10, 2016, the Defendant interfered with the performance of official duties, the Defendant: (a) the police officer F, who belongs to the Seoul Song-gu Police Station E District, called the Defendant after receiving a report of 112, found the Defendant a Handphone.

In order to demand, “Iskless spats, widthed spawn, spawn, spawn, spawn, spawn, spawn,” and assaulted with the blap of the above police officer, thereby hindering the police officer’s legitimate execution of duties concerning the prevention and investigation of crimes, public peace and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to investigation reports (to hear the confirmation ofCCTV video and audio files);

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

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

1. Sentencing criteria;

(a) Class 1 Crimes (Obstruction of Duties) (Obstruction of Recommendation) (Scope of Duties) and No. 1 Crimes (Obstruction of Duties) are basic areas (No person with a special sentencing sentencing range from June to January 6) (no person with a special sentencing range)

(b) 2 offences (Interference with the performance of official duties) [the scope of recommendations].

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