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(영문) 서울북부지방법원 2016.06.29 2016고단1553
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

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. Around 23:00 on April 27, 2016, the Defendant: (a) demanded the victim D, located in Gangnam-gu Seoul, to singing in Esing room operated by the victim D; (b) but (c) caused approximately 30 minutes of sound on the ground that the victim refused to do so.

피고인은 피해자의 112 신고를 받고 출동한 경찰관으로부터 귀가 요구를 받고 위 노래방에서 나갔다가 30분 후 다시 돌아와 “ 문 열어 ”라고 소리를 지르면서 발로 노래방 유리문을 수차례 찼다.

Accordingly, the Defendant interfered with the singing business of the victimized person by force.

2. On April 28, 2016, at around 00:25, the Defendant: (a) received a report from the Defendant that the Defendant satisfed again on the street in front of the instant singing room; and (b) received the demand for returning home from police officers, such as a slope G, etc. affiliated with the Seoul Gangnam-gu Police Station Fack G, which called “I satfe. . . f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.,

After that, the victim gave a certificate to his cell phone and listened to the circumstances of the case from the singing room business owner, and the defendant took the victim's bath, "I must do this Chewing", and the victim took several times to see the victim's face with his left hand.

As a result, the defendant assaulted a police officer who performs his duties, thereby obstructing the police officer's legitimate execution of duties concerning handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 314 (1) and 136 (1) of the Criminal Act concerning the selection of a punishment, and imprisonment with prison labor;

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 sentencing guidelines under Article 62-2 of the Criminal Act on the observation of protection and the order to attend lectures are significant.

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