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(영문) 대구지방법원 서부지원 2015.03.31 2015고단121
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 6, 2015, at around 23:00, the Defendant obstructed the victim’s main store business by a 40-minute force under the influence of around 40 minutes, such as breading alcohol residues and lying it on the floor, under the influence of alcohol in the “D” operated by the victim C (33 years of age) in Daegu-gu A (B).

2. The Defendant, at the time, at the place specified in the above Paragraph 1., and at the place, received a report from the above Section C, and solicited the police officer F to return home and pay the drinking value, and recommended him to return home, and obstructed the police officer’s legitimate execution of duties in relation to the duty of handling the 112 reported case by the police officer.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Article 136 (1) and Article 314 (1) of the Criminal Act, the choice of punishment for the crime, 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 (i.e., confession, reflectivity, and the first offense);

1. Social service order under Article 62-2 of the Criminal Act;

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