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(영문) 대전지방법원 천안지원 2017.08.10 2017고단1056
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 24, 2017, from around 21:30 to 22:10 of the same day, the Defendant obstructed the victim’s primary duties by force by avoiding disturbance, such as hearing the victim’s D points of operation in Asan City from around April 24, 2017 to around 22:10 of the same day, and hearing the victim’s explanation from two customers with no other name in his or her place of business, and making one of them feel “chering,” and passing away from his or her place of business, and driving the victim’s primary duties by force.

2. On April 24, 2017, the Defendant obstructed the performance of official duties at the place indicated in paragraph 1, around 22:10 on April 24, 201, and at the place indicated in paragraph 1, the Defendant was asked by F to ask questions about personal information, etc. from a police officer affiliated with the Chungcheongnamnam Police Station E box of the Chungcheongnamnam Police Station, who was called out after having received 112 reports, she was able to ask him/her questions about his/her personal information, etc., with his/her hand, and her chest part of the

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of Acts and subordinate statutes to 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 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the 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) in the basic area (six months to one year and six months);

(b) Class 2 Crimes (Obstruction of Duties) [Scope of Recommendation] Obstruction of Duties, Type 1 (Obstruction of Duties) (No. 1 month to 8 months) (including Special Reductions)] Suspension of Punishment (including a serious effort to recover damage);

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

2. The decision of sentence shall interfere with the main business under the influence of alcohol by the defendant, and assault the police officer dispatched after receiving a report.

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