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(영문) 대구지방법원 2018.05.11 2018고단1341

업무방해등

Text

A defendant shall be punished by imprisonment for six 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 December 29, 2017, the Defendant, at around 17:10 on December 29, 2017, experienced disturbance, such as noise in the D hotel 1106 room, managed by the victim C in Daegu Suwon-gu, Daegu-gu, and the victim who received a claim from other guest rooms demanded the retirement room, sent the victim at a large amount of the first floor and sent the victim to his employees.

Accordingly, the Defendant interfered with the victim's hotel business by force for about 40 minutes.

2. 공무집행 방해 피고인은 위와 같은 날 17:50 경 같은 장소에서, 112 신고를 받고 현장에 출동한 경찰관 E으로부터 사건 경위에 대한 질문을 받자 “ 이 씹할 놈 아. 넌 뭔 데 개새끼야. 죽여 뿔라. 꺼져, 여기는 내 방이야 ”라고 욕설을 하고 1106 호실 내부를 확인하러 들어가는 E의 등을 주먹으로 때리고 정강이를 발로 찼다.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement protocol against C and E;

1. Application of statutes on site photographs;

1. Relevant Article 314(1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Article 136(1) of the Criminal Act

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons for sentencing in Article 62-2 of the Criminal Act for the observation of protection and the sentencing in Article 62-2, the scope of the final sentence due to the aggravation of multiple efforts committed by the mitigation area (one month to eight months), the mitigation area (one month to one month), the mitigation area (one month and eight months), the mitigation area of the punishment), the mitigation area (one month to one month), the mitigation area of the punishment, and the surveillance of the protection (a mental illness to the extent that the treatment of hospitalization is needed) in the basic area (one month to six months), the suspension of the execution of the punishment for six months to ten months, the suspension of the execution of the sentence for six years, and the observation of the protection (a mental illness to the extent that the treatment of hospitalization is needed).