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(영문) 대구지방법원 2020.08.27 2020고단3229
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[Criminal Power] On May 14, 2020, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Road Traffic Act (driving) at the Daegu District Court on May 14, 202, and the judgment was finalized on May 22, 2020.

【Criminal Facts】

1. On April 20, 2020, from around 22:00 to about 22:30, the Defendant: (a) had expressed his desire to “C, i.e., the C, and D, operated by the victim B for about thirty (30) minutes; and (b) had expressed his intent to “C, Ii, Ii, Ii, Ii, Ii, Ii, Ii, Ii, Ii, Ii, Ii, Ii, Ii, Ii, Ii, Ii, Ii, Ii, Ii, Ii, Ii, I

Accordingly, the defendant interfered with the operation of the victim's main points by force.

2. The Defendant, in response to the withdrawal, did not comply with the request from the victim B at the same time and place as described in paragraph 1, for about 30 minutes, and did not appear to have been arrested as a flagrant offender with respect to the police officers dispatched upon the victim’s report.

Accordingly, the defendant leaves the victim without justifiable reasons.

The Gu refused to comply with the Gu.

3. On April 20, 2020, the Defendant: (a) committed a crime under paragraphs (1) and (1) on April 22 and 35, 2020; (b) was arrested by the police officer F of the Daegu Suwon Police Station E-gu, who was dispatched to the scene and was on board the patrol vehicle by committing a crime under paragraphs (1) and (1); (c) refused it; and (d) assault F face of the police officer on one occasion.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers and the arrest of flagrant offenders.

Summary of Evidence

1. The defendant's statement F in the court statement, each police statement about B;

1. A work log in each written statement G and B;

1. Previous records: The results of inquiry and the application of Acts and subordinate statutes concerning investigation reports (Attachment of written judgments of ex post facto concurrent crimes);

1. Relevant Articles 314(1) and 136(1) and 319(2) and (1) of the Criminal Act, the choice of applicable Articles on criminal facts, the choice of punishment, and the choice of imprisonment, respectively;

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