beta
(영문) 대구지방법원포항지원 2020.12.22 2020고단1311

업무방해등

Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 2, 2020, the Defendant: (a) around October 23:13, 2020, at the OO point operated by the victim C in the Northern-gu B, Mapo-si; (b) under the influence of alcohol, the Defendant: (c) expressed the desire to “Wel, fri, bit bit B, bit bitch bitch,” without any justifiable reason; and (d) made it possible for customers to enter the port by avoiding disturbance for about five minutes.

Accordingly, the Defendant interfered with the victim's main business by force.

2. At around 23:25 on the same day, the Defendant: (a) expressed a request to submit an identification card to verify personal information by the head of the police box belonging to the coast guard station in the port north coast guard station, who was dispatched to the site after receiving a report of 112 that there was a person who was being fluence in front of the above main station; (b) expressed that the above E “the head of the bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” and expressed that “the head of the bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reports and the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Each investigation report and internal investigation report (18 pages, 57 pages of investigation records);

1. Application of each Act or subordinate statute of work log, business notification certificate, and business notification slip for 112 reported cases;

1. Relevant Article 314(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties) (the choice of imprisonment with prison labor), the choice of applicable Article on criminal facts, and the choice of punishment;

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1). The recommended field of obstruction of the performance of official duties [Article 1] / coercion of official duties (special person) is without merit.