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(영문) 대전지방법원 2017.12.07 2017고단3840

업무방해등

Text

A defendant shall be punished by imprisonment for not more than ten 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 August 18, 2017, at the convenience stores managed by the Victim C in Daejeon-gu, Daejeon-gu, around 02:37, the Defendant: (a) is unable to purchase the event products because the inventory of milk for the 21st event remains two; and (b) the Defendant “Is this why you would have no way to do so;

Chewing, matching, here, whether or not a refusal to do a funeral

The victim's convenience store business was obstructed by 12 minutes of the disturbance, making 2 customers get the disturbance at the above convenience store while taking a large voice, and thereby interfering with the victim's convenience store business.

2. On August 18, 2017, at the place indicated in paragraph 1, around 02:59, the Defendant: (a) requested the Defendant to return home from police officers assigned to the D District Police Station affiliated with the Daejeon Police Station D police station, Daejeon, upon receipt of the said C’s report; (b) was arrested as a flagrant offender by failing to comply therewith; (c) the Defendant resisted the said E’s left side buckbucks at the port; (d) when the Defendant resisted the back of the back bucks at one time, walking the back of the back bucks and the back of the back bucks at one time with the left hand; and (e) assaulted the Defendant, such as the Plaintiff, who walked the back bucks of the said F twice, walking the back of the right bucks at one time, and walking the b

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. C’s statement;

1. Reporting on the occurrence of a suspected incident, such as interference with duties;

1. A report on internal investigation:

1. A investigative report (Attachment of CCTV image data for convenience stores) - CCTV-cape, CCTV images CDs;

1. Investigation report (Attachment of body photographs of the victimized police officer and cellphone photographs) - photographs of the victimized police officer, and cellphone images of the police officer;

1. Investigation report (a copy of a work site in the D District) - A copy of a work site in the D District shall be applied;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to cases where a person interferes with the execution of official duties);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;