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(영문) 서울남부지방법원 2017.08.24 2017고단2256
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

『2017 고단 2256』 피고인은 2017. 4. 27. 17:50 경 서울 강서구 B에 있는 피해자 C(42 세) 이 운영하는 'D' 식당에서 음식과 술을 주문하여 먹으면서 다른 손님들에게 “ 야 이 새끼야 뭘 쳐다봐. 너 이리로 와 봐”, “ 기분 나쁘냐

“Along with the time limit of the victim, the victim was able to take a bath, and the victim was forced to refrain from doing so, thereby obstructing the victim’s operation of the restaurant by force for about one hour.

around 12:40 on May 26, 2017, the Defendant: (a) assaulted the police assigned for special guard belonging to the said public prosecutor’s office in the Seoul Southern District of the Seoul Southern District of the Seoul Southern District of the District Public Prosecutor’s Office on May 26, 2017, that “I am the same, so I am the same, so I am the same; (b) assaulted the above E by scambling the said E with her hand, without any reason; and (c) assaulted the police assigned for special guard of the said public prosecutor’s office on one occasion at the left eye of the F of the said public prosecutor’s office, and interfere with the legitimate execution of duties concerning the protection of the E and F’s office building.

Summary of Evidence

[2017 Highest 2256]

1. Statement by the defendant in court;

1. Statement made by the police with regard to C [2017 senior order 2884];

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. E statements;

1. The application of the investigation report (the files of these images recorded) and the CD laws and subordinate statutes;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that a person who has obstructed the business of sentencing is not subject to punishment against the defendant, the degree of assault in the course of obstructing the performance of official duties is not much serious, the defendant's criminal records including the same criminal records are several times of violence, and other circumstances after the crime are committed.

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