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(영문) 대구지방법원 2016.05.18 2016고단1514

공무집행방해등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant interfered with his/her duties is a person who had worked as a kitchen in the “D frequency collection” operated by the victim C in Daegu Dong-gu, Daegu-gu, from December 6, 2015 to March 19, 2016.

At around April 14:10, 2016, the Defendant requested the victim to pay a retirement allowance for three months starting from the above frequency of service, and the Defendant was seated in the entrance of the entrance to the seat of the customer, and the Defendant calculated the Defendant’s retirement allowance for which he / she worked on the tin.

Do. Tour, we are only air conditioners.

“To avoid disturbance,” and thus interfere with the victim’s restaurant business by force over 2 hours.

2. The Defendant interfered with the performance of official duties at the same date, time, and place as described in paragraph 1, and for the foregoing reason, from the Daegu East East Police Station E District F of the E District of the Dong-gu Dong Police Station, called the Defendant upon receiving a report from C’s 112 for the foregoing reason.

In addition, it may interfere with the work, so it is necessary to do so.

In order to hear the word “,” and “C. N. N. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L

As above, the Defendant interfered with the police officer’s legitimate execution of duties concerning the prevention of crimes and criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to photographs damaged by police officers;

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

(a) Class 1 Crimes (Interference with Business) (Scope of Recommendation) (Interference with Business Affairs) (No basic area (six months to one year and six months) (a person with special sentencing) (a person with no special sentencing)

(b) Category 2 (Obstruction of the Performance of Official Duties) / [Scope of the Punishment] 1 (Obstruction of the Performance of Official Duties/ Compellion of Duties).