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(영문) 춘천지방법원 원주지원 2016.04.19 2016고단181
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 February 10, 2016, from around 00:05 to around 00:28 of the same day, the Defendant: (a) was unable to avoid disturbance, such as taking a bath to the victim C, who is a security guard of the said security room, intending to drink while taking a bath to the victim C; (b) taking a bath to the said security room; and (c) taking the phone at one time; and (d) taking the phone.

Accordingly, the defendant interfered with the victim's apartment security service by force.

2. The Defendant damaged property, at the time, and at the place specified in paragraph 1 above, destroyed the damaged person’s book glass equivalent to KRW 40,00,00 in the market price owned by the said apartment management office.

Accordingly, the defendant damaged another person's property.

3. On February 10, 2016, around 00:28, the Defendant obstructed the performance of official duties, at the place indicated in paragraph (1) above, and “The head of the household,” at the place indicated in paragraph (1) above, and “the head of the household,” upon receiving a report 112, the security guards E belonging to the police station D branch of the Gangwon-gu Police Station, in order to remove the Defendant’s happiness, and to listen to the circumstances, while taking a bath, and having taken a bath, the Defendant was able to take part in the said E’s chest as the head’s finger.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Occurrence of a case resulting from damage to property and arrest report;

1. Application of statutes on site 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), Article 366 of the Criminal Act (the point of interference with the performance of official duties), and Article 366 of the Criminal Act, the choice of imprisonment for each

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Class 1 Crimes (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 four months), and there is no special sentencing factor.

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