logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.09.06 2018고단1796
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 20, 2018, the Defendant: (a) while drinking alcohol at the “E” restaurant for the victim’s “E” restaurant operated by the Namyang-si, Namyang-si; (b) on the ground that the Plaintiff had a dispute with the name in the first place due to the fact that he/she had a defect in the name in the interview; (c) he/she had a physical disease on other tables; and (d) had a disturbance over 20 minutes of the disturbance, such as having a noise in the chair; and (d) interfered with the business of the said victim’s restaurant.

2. At around 04:10 on the same day, the Defendant interfered with the performance of official duties at the above place, and at around 04:10 on the same day, the Defendant interfered with legitimate performance of official duties in relation to the handling of the report by the police officer G, who belongs to the police box of the Namyang-ju Police Station, called out to the scene after receiving 112 reports, filed a petition by a police officer G, who is a police officer belonging to the Namyang-ju Police Station, to ask for personal information, to ask for personal information, and to carry out

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation (on-site analysis of symptoms);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the obstruction of business, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the choice 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 following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment for six months to one year.

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

(b) Class 2 Crimes (Obstruction of Duties) [Scope of Recommendations] : From 6 months to 10 months, the scope of final sentence due to the aggravation of multiple offenders who are not subject to punishment (including serious efforts to recover damage) for mitigated areas (one month to 8 months) (Specially mitigated persons): 6 months to 10 months;

3. Determination of sentence: Imprisonment with prison labor for six months and a stay of execution for one year; and

arrow