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(영문) 대전지방법원 천안지원 2015.08.04 2015고단436

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 became final and conclusive.

Reasons

Punishment of the crime

1. On January 4, 2015, at around 19:40 on January 4, 2015, the Defendant obstructed the victim’s main business operation over a maximum of four hours by force, including: (a) the Defendant, while drinking alcohol at the “E” main point of the victim’s D operation in Seo-gu, Seo-gu, Seo-gu, Seo-gu; (b) the Defendant, without any justifiable reason, took a bath, such as booming, drinking alcohol; (c) the employee, and the customer, with a large voice, having the customer go with, thereby obstructing the victim’s main business operation over a maximum of four hours.

2. At around 23:58 on the same day as the indicated in the preceding paragraph, the Defendant: (a) committed assault by the Defendant, at the above main point, at the above main point, that was, while avoiding disturbance, he received 112 reports on the side of the main point and received the alcohol value calculation, and solicited G to return home from G, who was a funeral belonging to the F District of the Yanananananan Western Northern Police Station: (b) who was dispatched to the site; (c) “I am wrong; (d) I ambling, chewing; (e) I ambly, I am, I am, I am, I am, I am, I am, I am, I am, I am.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police officer in relation to G and H;

1. Application of each of the Acts and subordinate statutes described in D and I;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The scope of punishment by law: Imprisonment for not less than one month but not more than seven years and not more than six months;

2. The scope of the recommended punishment according to the sentencing guidelines for the first crime (the determination of the type of obstruction of the performance of official duties) (the determination of the sentence), the first type of obstruction of the performance of official duties (the person who is specially punished) during the performance of official duties (the scope of recommendation), and six months.