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(영문) 대구지방법원 2018.11.29 2018고단4476

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 11, 2018, the Defendant obstructed the victim’s restaurant business by force for about 30 minutes by avoiding disturbance, i.e., cutting off the table table, and taking a bath for customers, within the “shacking restaurant,” operated by the victim C in Daegu Dong-gu, Daegu-gu, Daegu-gu, 2018.

2. The Defendant interfered with the performance of official duties at the above time, at the above time, and at the above 112 place, was subject to the removal from the slope E belonging to the Daegu East East Police Station D District, which was dispatched to the site after receiving a report on the interference with the above duties, and was assaulted by the Defendant, such as taking a bath to E and taking three times in his hand, and obstructing the police officer’s legitimate performance of duties concerning the handling of the reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. Application of Acts and subordinate statutes to work logs, internal report (in-house photographs inside a restaurant), investigation report (CCTV images and photographs attached thereto);

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution - the reason for sentencing under Article 62(1) of the Criminal Act - The degree of interference with the duties of a police officer who, upon receiving a report and helping the defendant take relief measures shall not be such that the nature of the crime is light;

- The Defendant agreed with the victimized police officers of the crime of interference with the performance of official duties and the crime of interference with the performance of official duties.

- The defendant is against the crime and has no criminal records of the same kind or suspended execution or above.

- Comprehensively taking into account the above circumstances and the Defendant’s age, sex, family relations, criminal records, the developments leading up to the instant case, and the following developments, the sentence as ordered shall be determined.