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(영문) 대구지방법원 2018.06.12 2018고단1689

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 March 11, 2018, the Defendant: (a) was unable to avoid disturbance for about 1:15 minutes a hour and 15 minutes a week in a restaurant operated by the victim C, which was operated by the victim C, who was under influence of alcohol, and was in a mobile phone with an insular phone, and was able to take a bath with a large amount of interest while inception.

Accordingly, the Defendant interfered with the victim's operation of the restaurant by force.

2. On March 11, 2018, the Defendant: (a) was urged to return home from the slope E belonging to the Gero police station D to the scene after receiving a report to the effect that he/she had the aforementioned disturbance at the above location on March 11, 2018; and (b) was “Is the time why he/she drinks alcohol.”

C. The expression “feasia” and was in the main place thereof.

C “I have reported.”

D. The term “A” refers to “A”, and as he/she was removed from E, he/she tried to see E with his/her left hand in the right drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases and the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of Acts and subordinate statutes to report internal investigation (related to the attachment and analysis of CCTV images installed at the location of occurrence) and investigation report;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The scope of the recommended punishment according to the sentencing guidelines is one crime (influence of performance of official duties) (influence of performance of official duties) (influence of performance of official duties/influence of performance of official duties/influence of duty/influence of duty/influence of June-1).