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(영문) 대전지방법원 2020.04.23 2020고단350
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 5, 2020, from around 23:29 to 23:47, the Defendant obstructed the victim’s making soup business by putting the victim D, who is a staff member of the soup and making soup, of soup on the ground that he was under the influence of drinking in the “Cratry soup and soup” located in Daejeon Dong-gu Daejeon, and she did not bring about soup in the soup and bry, and she took a bath to the victim D, who is a staff member of the soup and soup, “pating knee and kne,” and obstructed the victim’s making soup business by force for about 18 minutes, such as smoking tobacco in a non-smoking area on the front corridor.

2. On January 5, 2020, at around 23:50 on January 5, 2020, the Defendant: (a) received a 112 report at a soup parking lot, such as Paragraph (1) and sent out, and (b) took the suping to the soup to the soup to the suping to the soup to the sup to the sup to the sup to the sup to the Daejeon East Police Station E-gu, Daejeon Police Station E-gu, and on the recommendation of returning to the Republic of Korea, assaulted the sup to the right shoulder of the sup to the left hand of the f.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement concerning F;

1. Written statements of D;

1. A work status list, CCTV video CDs, and CCTV images to take-off photographs;

1. Application of Acts and subordinate statutes to a report on investigation (in-depth CCTVs);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1). [No person shall be subject to obstruction of the performance of official duties or coercion of official duties (special person) (Article 1).

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