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(영문) 대구지방법원 2015.11.20 2015고단4602

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. From around 13:35 to 13:50 on July 25, 2015, the Defendant, at the time of the studio construction work in Daegu North-gu, expressed the victim G who is performing construction work at the site of the studio construction work in Daegu-gu, Daegu-gu, expressed a large voice that “the studio Ma..............................., the victim’s name and batth, bating the batf.............., the Defendant 15 minutes of disturbance

Accordingly, the Defendant interfered with the public works of the victim by force.

2. The Defendant engaged in the obstruction of performance of official duties at a temporary place, such as the statement in paragraph (1), on the ground that the security guards belonging to the H District of the Daegu Northern Police Station, who called to the site after receiving a report 112, carried out the act of disturbance on the ground that he himself was prevented, and the Defendant assaulted him on the ground that he: “Chop fe kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb k

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of I and G;

1. Application of the Acts and subordinate statutes on the list of reported cases, such as the place of the offender, arrest report on occurrence of the case, and photograph of damage;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

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

(a) Class 1 crime (Interference with Business) (Scope of Recommendation) (Scope of Business ] and category 1 (Interference with Business) (No basic area (6 months to 1 year and 6 months) (special person);

B. Second Crimes (Obstruction of Performance of Official Duties) / [Scope of Recommendation] The basic area (6 months to 1 year and 4 months) of the 1st category of the obstruction of Performance of Official Duties (Obstruction of Performance of Official Duties)

(c) multiple offenses;