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(영문) 대구지방법원 서부지원 2016.12.01 2016고단2141
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 September 24, 2016, at the vicinity of the C hotel located in Daegu Dong-gu, Daegu Dong-gu, the Defendant was able to avoid disturbance by failing to pay KRW 14,600, while refusing to pay the taxi fee of KRW 14,60,00, the Daegu-gu, the Daegu-gu, which is the destination, after boarding the E-si operated by the victim D, while refusing to take advantage of the victim. On September 24, 2016, the Defendant was able to avoid disturbance by taking a bath to the victim, etc., with the police officer called up upon receipt of 112, who voluntarily driven the said taxi in front of the Seongbuk-gu police station Sungdong Police Station, which was called up.

Accordingly, the defendant interfered with the victim's taxi business by force.

2. On 25, around 00:25 of the same month, the Defendant, who was arrested and detained in the act of committing the crime described in paragraph (1) at the detention room of the Daegu Police Station located in Seogu-gu, Daegu-gu, the Defendant expressed that the police officer G belonging to the above police stationF team, who carried out the duty of entering the police station, “Yama and X-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-Sa

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to the maintenance of order and management of detention rooms, etc., and at the same time G, the defendant laid down the right upper part in need of medical treatment for two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of Acts and subordinate statutes (Evidence No. 45 pages);

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts, Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. The confession of the crime under Article 62(1) of the Criminal Act and the attitude of reflecting the depth of the crime appears, the degree of interference with business and the degree of injury by the damaged police officers are relatively minor, and three million won is the damage compensation against the damaged police officers.

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