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(영문) 대구지방법원서부지원 2020.11.20 2020고단60
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 November 27, 2019, the Defendant interfered with his duties: (a) around 19:30 on November 27, 2019, at the restaurant operated by the victim C in Daegu-gu, Daegu-gu, the Defendant: (b) obstructed the victim’s restaurant business by following the police officers’ force for 30 minutes on the following grounds: (a) she was urged to return home from the public officer who was reported to the site by having the customer receive a report by 112; (b) but (c) she again solicited the customer who was traveling on a restaurant and eating in a restaurant; and (d) she was unable to properly respond to the request; (b) she was able to go back to the restaurant; and (c) she was unable to comply with the request; and (d) she obstructed the victim’s restaurant business by force.

2. On November 27, 2019, the Defendant engaged in obstruction of performance of official duties: (a) around 20:23, at the restaurant specified in paragraph (1) on November 27, 2019, sent out to the site after receiving a report of 112, and was solicited to return home from the police officer E and security guards belonging to the police officer of the Daegu C District Police Station, and from the police officer of the Daegu C District Police Station, the Defendant: (b) carried the patrol car at one time as a drinking house; (c) was able to get off the patrol car and walk the patrol car at one time as a stop; and (d) carried the said E to the said F, and (d) committed assault, such as cutting down the fel of the said E, felping the f, taking the f

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's legal statement E and the police statement of C;

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. The fact that the defendant with reasons for sentencing in Article 62-2 of the Probation Criminal Act has a history of criminal punishment several times for the same crime is disadvantageous to the defendant, or that he/she has the intention to mislead him/her, reflects his/her mistake, and receives a letter from the victim C.

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