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(영문) 서울북부지방법원 2016.03.03 2015고단3890
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On October 25, 2015, the Defendant: (a) around October 22:15, 2015, at the E store operated by the victim D in Dobong-gu Seoul Metropolitan Government, demanded an employee to calculate, but did not comply with the demand, and (b) took a bath in large sounds without complying therewith; (c) laid the brine in the display stand in the display stand; and (d) obstructed the victim’s operation of the brine by force, such as spiting the brine on the floor.

2. When the Defendant: (a) was arrested as an act of interference with the duties of obstructing G, a police officer affiliated with the F police box, who was 112 who was carrying out a spaw at the above time, at the above time and place; and (b) was arrested as an act of interference with his duties, the Defendant obstructed the police officer’s legitimate performance of duties in relation to the said G’s act of interference with the performance of duties.

3. On October 26, 2015, around 01:35, the Defendant damaged public items, at the seat of the Dobong Police Station type and the office room located in Dobong-gu Seoul, Dobong-gu, Seoul, Seoul, Seoul, on the 403rd Sea, the Defendant was cut off with the card-type public telephone fire engine line located in the front seat of the investigation, which was located in the front seat of the said investigation, by hand, and damaged the above public telephone machine, which is an object used by the next public office due to the generation of the above public telephone machine.

Summary of Evidence

1. Statement by the defendant in court;

1. To make a statement to the defendant some of the records concerning the interrogation of the suspect in the first and second prosecutor's office;

1. Each police statement made to D or G;

1. Written statements of victims of D;

1. A report on investigation (a photograph of screen to suspendCCTV image data);

1. Investigation report (damage photographs to public goods);

1. Report of investigation (presumed damage to public goods);

1. Application of Acts and subordinate statutes to a criminal investigation report (report on the contents of H currency held by a police officer in charge);

1. Articles 136(1) (the point of obstructing the performance of official duties), 141(1) (the point of damaging goods for public use), 314(1) (the point of interfering with business) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment for each type of crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

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

2. The sentencing criteria shall be set.

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