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(영문) 수원지방법원 성남지원 2018.11.14 2018고단1717
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 June 30, 2018, at around 04:50, the Defendant interfered with the business of the Defendant: (a) was driving the Da E on the front side of the GE, which is located in the Sinnam-si, Sinnam-si, Sinnam-si; (b) caused the victim to stop the si and resist, and (c) caused the victim to take a bath to the victim; (d) subsequently, the victim was unable to drive the sik through the defective sik; and (e) the police officer dispatched after receiving a 112 report would go against the victim while confirming the details of the report, and obstructed the victim’s business by abusing the victim’s 25 minutes, such as lying the 25 minutes away on the roadside in the direction of the taxi driving.

2. The Defendant interfered with the performance of official duties by assaulting the police officer’s legitimate performance of duties concerning the arrest of flagrant offenders by assaulting the Defendant at the time, at the same time, and at the same place as mentioned in the preceding paragraph, G of the Gyeonggi-nam Police Station G of the Gyeonggi-nam Police Station G, who received 112 reports on the said grounds, to arrest the Defendant in flagrant offender with a suspicion of interference with his/her duties, such as: (a) the head of the police station having attempted to board the patrol vehicle; (b) the head

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. E statements;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant 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 public duties) and the choice of imprisonment for each 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Crimes No. 1 (Obstruction of Duties) (Scope of Recommendation) and obstruction of duties; the basic area (Interference with Duties) of crimes No. 1 (Interference with Duties);

2. Class 2 Crimes (Obstruction of Execution of Official Duties) / [Scope of Recommendation] Obstruction of Execution of Official Duties is minor (Obstruction of Execution of Official Duties / Forced) mitigated area (one month to eight months) / Special mitigated person] / Violence, intimidation, deceptive scheme, or the degree of interference with official duties.

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