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(영문) 대구지방법원 안동지원 2020.02.05 2019고단764

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On November 21, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act, and two years of suspension of execution on June 12, 2018 at the Chuncheon District Court’s Young-gu Branch, which was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the same court on June 12, 2018, and the said judgment became final and conclusive on October 5, 2018, and the sentence of suspension of execution was invalidated, and the parole period expired on October 12, 2019 after being released from the Ansan Prison on June 28, 2019.

【Criminal Facts】

1. On October 22, 2019, from around 01:30 to around 02:40, the Defendant: (a) expressed the drinking value in the “D” operated by the victim C in Ansan-si B and the second floor; (b) made the victim’s verbal dispute with the victim; and (c) made the victim’s desire to take a large interest; and (d) caused the two descendants to go to the customer who was on the sloping door by a 3rd table; and (e) let the customer who was on the sloping door on the sloping, left the sloping, etc., by force for about one hour.

We interfere with protection operations.

2. On October 22, 2019, the Defendant assaulted the Defendant at the place indicated in paragraph (1), around 02:40 on October 22, 2019, and the police slope F, a police officer of the Ansan Police Station E-districted of the same police station, who was called upon 112, in order to arrest the Defendant as a flagrant offender through interference with his/her duties, by means of cutting down the sloping F from his/her arms and spreading it into the arms.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by C;

1. The police statement concerning F;

1. Copy of the business license or business registration certificate;

1. A report on internal investigation, or an internal insertion (attaching photographs of the victim of an obstruction of performance of official duties by police officers);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes: