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(영문) 전주지방법원 군산지원 2019.10.25 2019고단934

업무방해등

Text

A defendant shall be punished by imprisonment for four months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

1. On June 14, 2019, at around 21:40, the Defendant obstructed the victim’s bar business by force by avoiding disturbance for about 10 minutes, such as, under the influence of alcohol, he/she was out of his/her arms and body, going out of his/her main points, taking a bath, taking out his/her view, and allowing customers to go out, etc.

2. The Defendant: (a) assaulted the Defendant at the above time and place of obstruction of performance of official duties; (b) 112 reported that the Defendant interfered with the main duties; and (c) 112 reported and sent to the site by FF to check the Defendant’s content; and (d) assaulted the Defendant at one time by taking advantage of the defective parts of F such as the above F, etc. on the floor of the defective parts in order to restrain the disturbance; and (b) assaulted the G in three times of the defect that the circumstances belonging to the said district group want to control

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to C, G, F, and H;

1. Application of each photograph, image CD-related statute;

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). [Attachment 1] There is no obstruction of performance of official duties or coercion of official duties (Special Aggravation) (Scope of Recommendation and Recommendation] basic area, six months to one year and six months (general person who is sentenced to punishment)

(b) Class 2 Crimes (Interference with Business) [Determination of Punishment] Obstruction of Business Affairs (Type 1] - Reduction of Business - Reduction element: