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(영문) 대전지방법원 서산지원 2013.11.22 2013고단495

업무방해등

Text

A defendant shall be punished by imprisonment for not more than ten 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. On July 9, 2013, from around 00:00 to 00:30, the Defendant interfered with the business of the victim’s scam club business by force on the part of the customers who found the victim’s face by avoiding the disturbance, such as “the victim’s “D key store” operated by the victim C (the 43 years of age) who was located in Seosan City B, and considering that the victim did not drink himself/herself, the Defendant considered the victim was not aware of his/her drinking.”

2. The Defendant: (a) expressed two persons, such as Western Police Station E District F, etc. affiliated with the Seosan Police Station E District F, dispatched upon receipt of a report by C at the date, time, and place under Paragraph (1) of the same Article, expressed that “I will sing out, she would be able to find out about how I will perform their official duties; and (b) expressed a assault by both hand, sing out the chest part of the above F, sing out the breast part of the drinking, sing back one time with the left part, and sing back one time with the left part.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and F

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

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 (Considering the following grounds for sentencing)

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are identical to those of the defendant, and in particular, on April 2, 2010, the defendant was sentenced to imprisonment with prison labor for one year and six months, and three years of suspended execution for a violation of the Punishment of Violences, etc. Act in the Daejeon District Court's Seosan Branch on April 2, 2010, but the defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.), and

(b).