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(영문) 서울중앙지방법원 2016.10.06 2016고단5820
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 1, 2016, at around 20:00, the Defendant obstructed the victim’s restaurant business by: (a) having the victim talked about 70 minutes, such as having the victim talked with his/her singing while drinking together with his/her drinking at the “E” restaurant operated by the victim D; and (b) intending to smoke tobacco, etc.; (c) having the victim interfered with the victim’s restaurant business by talking the victim’s talking the victim, i.e., having the victim talked about 70 minutes of bitch, such as having the victim talked about her drinking with his/her singing while drinking together with his/her drinking, and her smoking.

2. When the Defendant was arrested as a flagrant offender under suspicion of interference with the above duties from a slope G belonging to the Seoul Central Police Station of the Seoul Central Police Station, who was dispatched to the scene after receiving a 112 report at the above restaurant, such as the preceding paragraph, the Defendant expressed his desire to the effect that he would threaten G to “picker, dead,” and that he would go on the patrol vehicle to “I will not see this rings, ymp spons, spons, spons, and spons,” and that “I will die, spons, spons, spons,” even after the police box was sent to the above F box.

As a result, the defendant interfered with the legitimate execution of duties concerning the handling of report and the arrest of a flagrant offender.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement concerning G and D;

1. Investigation report (related to a spute H telephone call);

1. Application of Acts and subordinate statutes to investigation reports (related to I statements of witnesses);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (it shall take into account the favorable circumstances as seen below):

1. The assertion of mental disorder under Article 62-2 of the Probation Criminal Act.

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