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(영문) 대구지방법원 서부지원 2016.03.17 2016고단89
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 January 14, 2016, the Defendant: (a) was required to pay the price from the damaged party in the “Dudio” operated by the Victim C (Woo, 51 years old) in Daegu-gu, Seo-gu, Daegu-gu; and (b) the Defendant was required to pay the price from the damaged party. “Wol Ra, Mad, Mak-gu, Mak-si, Mak-si, Mak-si

“Around 20 minutes of call-up and call-up, such as talking, singing together with E, sounding, fighting, etc., which could not cause other customers to enter the said singing, thereby hindering the victim’s singing room business by force between about 20 minutes.

2. At the above time and place, the Defendant interfered with the performance of official duties, on the ground that the Defendant’s “influoring of a fluort” was a bad thing for questioning the Defendant who was called out after receiving 112 reports, and the Defendant who is prone to the disturbance of the police station F District G, Gyeong-gu Police Station G, Police Station G, and the background of the case, personal information, etc., and questioning the Defendant.”

“A police officer G felbows the chest of the police officer G one time, and the police officer controlled the Defendant, thereby obstructing the police officer’s legitimate performance of duties concerning the maintenance of public order and criminal investigation by assaulting the police officer’s knee, flab, flabing off the left fel of the police officer H by her hand, and continuing to be arrested as a flagrant offender of obstruction to the performance of official duties, even after she was arrested as a flagrant offender of obstruction to the performance of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police statement protocol to G, H and C

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) of the same Act;

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

1. Selection of each sentence of imprisonment;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act for the provision of community service and order to attend lectures are such as obstructing the performance of official duties and obstructing the performance of duties.

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