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(영문) 대전지방법원 천안지원 2018.02.23 2017고단2500

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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 October 13, 2017, at around 20:50, the Defendant obstructed the victim’s business by force by avoiding disturbance for about 45 minutes, including the victim’s 45 minutes of disturbance to the police officers dispatched after receiving the victim’s report, in the “E Syna” room operated by the victim D (at the age of 54) located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, and the victim’s escape room.

2. The Defendant interfered with the performance of official duties at the same place on the same day, around 21:40 on the same day, assaulted G, such as the defect that G, who was in charge of obstructing the Defendant’s duty, arrested the Defendant at a flagrant offender on suspicion of interference with his duty and attempted to take the Defendant on the said soup building and other parked patrol vehicles, taking the left part of the head of the said G on the head.

Accordingly, the defendant assaulted a public official who performs his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each victim's self-statement;

1. Application of statutes on site photographs;

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 official duties) and the choice of imprisonment for a 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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection, community service order, and order to attend lectures;

1. Sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

(b) Class 2 Crimes (Interference with Business) [Scope of Recommendation] Interference with Business, Type 1 (Obstruction of Business) (Interference with Business], the mitigation area (one month to eight months) [Special Reduction Persons] Punishment Non-members;

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year;

2. Although the Defendant had been punished several times due to violence in the past, the instant crime has been committed in the past.

c. uniform;