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(영문) 서울북부지방법원 2016.06.03 2016고단1527
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 22, 2016, at around 07:30 on April 2, 2016, the Defendant: (a) obstructed the Plaintiff’s primary business operation by force of 30 minutes, such as f, G, and H, where the Defendant f, while drinking alcohol together with F, G, and H in the drinking house of “E” operated by the Victim D in Jung-gu Seoul Metropolitan Government, was doing a dispute with H., with H.

2. At around 07:50 on the same day, the Defendant refused to comply with the request of the police officer to present his identification card to the Defendant who was called out after receiving a report of 112 that the Defendant avoided the disturbance as set forth in the above paragraph (1) and was able to carry the phone at one time, and assaulted by the Defendant at the face of the left side of the said J, who was carrying the phone, and then was arrested by the police officer who was arrested by the police officer who was assigned to the said police box and requested him to board the patrol vehicle, and assaulted by the Defendant at one time on the floor of the head of the said K, who was in preparation of the investigation document at around 08:00, when he was arrested by the police officer who was arrested by the police officer who was in charge of the said police box and was asked by the police officer to board the patrol vehicle.

As a result, the defendant interfered with the legitimate execution of duties concerning the 112 reporting duties by JJ, and the arrest and investigation of the police officer K in the act of committing a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to J or K;

1. A report on investigation (report on confirmation of interference with business);

1. Application of CCTV closure photographs and Acts and subordinate statutes governing damaged field photographs;

1. Relevant legal provisions 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 official duties) and the choice of imprisonment with prison labor for the 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the first crime (Interference with the performance of official duties) [the scope of recommended punishment] interference with the performance of official duties.

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