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(영문) 의정부지방법원 2018.05.02 2018고단171
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On November 20, 2017, the Defendant damaged the damaged property in front of the clothes of the “E” of the victim D’s “E” operated by the Dog-si, Dog-si, Sig-si on the street, without any reason under the influence of alcohol, by placing the original-type car with a height of one meter at the bottom of the 1st square, which is located therein, on the floor and destroying the rogate, thereby undermining the Defendant’s damage in need of an amount equivalent to the amount of the repair expense.

2. On November 20, 2017, the Defendant: (a) around 18:30 on November 20, 2017, the Defendant obstructed the victim’s restaurant business by: (b) under the influence of alcohol in the F department stores “H”; and (c) under the influence of alcohol without any justifiable reason; (d) failing to comply with the victim’s demand for eviction; (b) having the customer take the place of drinking food with a large volume of drinking and drinking voice; and (c) having the customer take the bath to “Ih. Ih”, thereby obstructing the victim’s restaurant business.

3. On November 20, 2017, at the same place as around 18:50 on November 20, 2017, at the same time as paragraph (2) of this Article, the Defendant: (a) recommended the Defendant to return home, who is a police officer belonging to the I District, who was dispatched to the site after having received a report 112; (b) obstructed the said police officer’s legitimate performance of official duties by assaulting the Defendant, such as a defect in leaving the site and about to go home; (c) marking the said slopeJ toward the Defendant; (d) marking the said slopeJ; and (e) cutting the kne to the kne; and (e) destroying the kne to the kne, kneing the knish,

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to J or K;

1. Application of the respective Acts and subordinate statutes of G, D and L;

1. Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, concerning facts constituting an offense (a point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of official duties);

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

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

2. Application of the sentencing criteria;

(a) interference with the execution of each official duties;

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