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(영문) 전주지방법원 군산지원 2017.04.26 2016고단976

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 August 5, 2016, at around 12:25, 201, the Defendant: (a) ordered the victim D (V, 68 years of age) Byung-si, Yasan-si; and (b) obstructed the victim’s restaurant operation by taking KRW 5,000 on the ground that the victim would receive KRW 6,00,00 in the drinking value. The Defendant received KRW 6,00 from the victim for the other side of the Ya-si, Ya-si; and (c) obstructed the victim’s restaurant operation by taking KRW 6,00 for the reason that the victim would receive KRW 6,00 in the drinking value.

2. On August 5, 2016, the Defendant interfered with the performance of official duties, who received the said D’s 112 report in front of the E cafeteria as set out in paragraph (1) around 12:43, and asked the name, resident number, etc. of the F District of the Hasan Police Station, which was called out after receiving the said D’s 112 report.

It is not known that police officers do not know.

"I want to flee," and assault the right hand hand hand hand of G on three occasions on the ground that I want to flee and refrain from punishing both arms of the above G.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officials on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Reports on internal investigation, cases of photographing, etc. and photographs (sponsor of violence by field and police officers);

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to mobile video CDs) and mobile phone images CDs and criminal investigation reports (ROM confirmation reports);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment, and Selection of Penalty) concerning the facts constituting an offense, and Article 136 (1) of the Criminal Act (Interference with Execution of Official Duties and Selection of Imprisonment);

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

3. The grounds for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence are the crimes (Obstruction of Duties) in Article 62 (1) of the Criminal Act on the grounds of the sentence [the scope of the recommended punishment] and the basic area (the type (Interference with Duties) in Article 1 of the Act on the Suspension of Execution of Duties] (the No. 2 Crimes (the scope of the recommended punishment from June to one year) [no. 1 of the Act on the Suspension of Execution of Duties].