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(영문) 대구지방법원 2016.11.10 2016고단4587
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 05:00 on August 30, 2016, the Defendant interfered with business, while drinking alcohol in the E station operated by the victim D (the age of 64) in Daegu Suwon-gu, the Defendant interfered with the victim’s business, without any reason, interfered with the victim’s desire to engage in the 30 minutes of disturbance by avoiding disturbance by force, such as engaging in any behavior that seems to be necessary for the victim to take place.

2. On August 30, 2016, the Defendant: (a) around 05:35, the Obstruction of Performance of Official Duties: (b) the police officers, who were requested to return home from the E station located within the Daegu Water Station F District of the Daegu Water Station, which was the victim, after receiving a report of the act under paragraph (1) from the E station located in the Daegu Water Station; and (c) the police officers, who were requested to return home from H, who were the victim of the instant act. The Defendant expressed at the K station that “I will have access to the Daegu Regional Police Agency, but I will not have his father, who was the victim, who was the victim of the instant act.” The Defendant taken a video image of the Defendant’s act using a cell phone by sloping G, who was flick-gu,

Accordingly, the Defendant interfered with the legitimate execution of official duties concerning the handling of 112 reported cases by assault, such as plucking, plucking, etc. of a slope G's right-hand inspection and suspension by hand.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (in case of suspect A's words and behavior),

1. Relevant Article 314(1) of the Criminal Act, Article 136(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. Second crimes (Obstruction of Performance of Official Duties) for the reason of sentencing under Article 62(1) of the Criminal Act, which have no basic field (including six to one year and six months) of the first category (Interference with Business) of the Act on the Suspension of Execution [Scope of Recommendation] (Scope of Obstruction of Performance of Official Duties] (Scope of Recommendation), the basic area (six to one year and four months) of the obstruction of performance of official duties (special person) (Article 62(1) of the Act on the Suspension of Execution.

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