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(영문) 대구지방법원 김천지원 2016.05.12 2016고단179
업무방해등
Text

A defendant shall be punished by imprisonment for 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 February 13, 2016, the Defendant interfered with his/her duties at the D main points operated by the Victim C (V, 51 years of age) in Guro-si, Seoul, on February 13, 2016, and at the D main points operated by the Defendant, the Defendant died of the Defendant at the time when he/she was under the influence of alcohol.

"A large sound has been sounded several times, making it difficult to avoid disturbance between about 40 minutes, such as viewing a cafeteria on the floor of the restaurant.

Accordingly, the Defendant interfered with the victim's main business by force.

2. On February 13, 2016, the Defendant: (a) at the above D’s station around 21:20 on February 13, 2016, the Defendant, upon receiving the said C’s report and demanded the said C to pay the drinking value and return home to the said C; and (b) the said F to the said F “hump d, Chewing gue, this gue gue gue” several times; (c) the chest of the said F was taken once in drinking; (d) the said F’s chest was pushed back on several occasions by hand; and (e) the said F’s body was sealed with the shoulder of the said F on several occasions; and (e) the elf’s chest was sealed once with the elf’s chest.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, C, and G;

1. Sales books, photographs, and photographs of cafeterias;

1. Application of the receipt statute

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (an aggravated punishment for concurrent crimes against a person who interferes with heavier business affairs);

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, including observation of protection and community service order;

1. From one month to seven years and six months of imprisonment with prison labor within the applicable sentencing range by law; and

2. Application of sentencing standards

(a) Category 1 (Obstruction of Performance of Official Duties and Compelling of Duties) (Scope of Recommendation), which interferes with the performance of Official Duties, (Scope of Punishment), shall be from 6 months to 1 year and 4 months (basic area).

(b) interference with business affairs;

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