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(영문) 창원지방법원 통영지원 2017.04.14 2016고단1686
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 8, 2016, at around 08:00, the Defendant: (a) took a bath for television at the OO restaurant operated by the victim D, and (b) took a view that the victim was prevented, and (c) took a view that “C fepppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. On October 8, 2016, the Defendant interfered with the performance of official duties: (a) 09:20 on October 8, 2016, the Defendant returned home to the site on the street in front of C, on the same grounds as the preceding paragraph, and sent back to the site by the police officer F, who was called up to the site, was able to take a bath for the said police officer; and (b) when taking a bath for the said police officer, the Defendant was on one occasion at the left side of drinking

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

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, 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;

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

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

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties) is the basic area (from June to one year and six months), and there is no person in special sentencing).

B. Class 2 Crimes (Obstruction of Duties) (Interference with Duties) (Scope of Recommendation) (Interference with Duties) is the mitigated area (one month to eight months).

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