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(영문) 광주지방법원 순천지원 2017.05.17 2017고단158

업무방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. On October 6, 2016, the Defendant, who interfered with his duties, heard the horses that “any male who gets into a toilet is bad, and going into a amusement room” from D, the Defendant, at the same building as “C amusement room” located in Daegu-gu, Seogu, Daegu-gu, Seoul-gu, 2016.

Accordingly, the Defendant, along with D, laid off the entrance door of the above entertainment room operated by the victim E, laid down the entrance by hand, and walked by walking the door, etc. for about 40 minutes.

Accordingly, the Defendant conspiredd with D to interfere with the victim's entertainment room business.

2. The Defendant obstructed the performance of official duties at the above time around the entrance of the above entertainment room in front of the above day, and sent the 112 report to the site, and f’s hand, a police officer belonging to the police station, who was taking the f’s knife the f, who was a police officer belonging to the police station, to take the f’s knife and pushed the f’s knife while taking the f’s knife in order to collect evidence, and arrested the f’s knife by the police officer H belonging to the same police station. The Defendant abused the h’s shoulder and

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the 112 report processing and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. Copies of each police statement made to H and F;

1. Copy of the E statement;

1. Application of a copy of the investigation report to statutes;

1. Relevant legal provisions of the Criminal Act, Articles 314(1) and 30 of the Criminal Act, Article 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, and Articles 136(1) (a point of obstructing the performance of official duties) of the Criminal Act, and the choice

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (an aggravated punishment for concurrent crimes against a person who has committed a crime with heavier duties);

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The following circumstances are the grounds for sentencing under Article 62-2(1) of the Criminal Act, the main sentence of Article 59(1) of the Act on the Observation, etc. of Protection, etc., and the Defendant’s age.