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(영문) 창원지방법원 2016.06.15 2016고단455
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 23, 2016, from around 22:30 to 22:50 the same day, the Defendant: (a) expressed his desire to “D” coffee shop operated by the victim C in Changwon-si, Changwon-si; (b) he was demanded by the victim C to enter and diving while under the influence of alcohol and to request for a change from the injured party; and (c) painted “this weather year, the same year of the death, and so on”; and (d) obstructed the Defendant’s disturbance, such as melting alcohol, booming it.”

Accordingly, the Defendant interfered with the coffee business of the victimized person by force.

2. On January 23, 2016, the Defendant interfered with the performance of official duties, at the place above 22:50 on January 23, 2016, and at the place above crypted by the Defendant, who was dispatched after being reported by the above C during the disturbance, was subject to control from the slope F of the Masan Police Station E box belonging to the Masan East Eastern Police Station, “this bred bit bit

Before the death of the victim, the Baner expressed that he will not leave home, and assaulted the victim's chest only once by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to C and F;

1. Application of Acts and subordinate statutes to investigation reports ( telephone communications with victims);

1. Relevant Article 136 of the Criminal Act, Articles 136 (1) and 314 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment for a 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 for the suspended sentence under Article 62(1) of the Criminal Act: The scope of final sentencing based on the aggravated punishment for multiple crimes (one month to eight months) in the mitigated area (one month to eight months) (i.e., interference with the performance of official duties) [the person subject to special mitigation] [the scope of recommended punishment] [the scope of punishment for the mitigated area (one month to eight months] [the person subject to special mitigation] [the scope of punishment for the mitigated area (one month to eight months] [including the person subject to special mitigation] the aggravated punishment for the mitigated area (including the advanced effort to recover damage): one month to one year.

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