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(영문) 대전지방법원 천안지원 2017.09.14 2017고단858
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 February 26, 2017, the Defendant interfered with the business of the Defendant, on the ground that he did not sell alcoholic beverages any more at approximately 40 minutes of the Victim C’s main store in Seo-gu, Seo-gu, Seo-gu, Seocheon-si, and the Victim C’s D main store operated by the Victim C, he collected and destroyed glass residues and microbials, and returned to each room, and thereby interfered with the Defendant’s main store business of the Victim for about 40 minutes by spreading the bath theory “if the president does not leave, she shall die.”

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

2. On February 26, 201, at the place indicated in the foregoing paragraph 1., the Defendant: (a) asked questions to identify the circumstances of the instant case by a police officer belonging to the Seocheon-gu Police Station E District; and (b) stated, “A son, a police officer, was fluent to write down his son, the president son, and the police officer’s balton to write down and resolve the instant case.” On February 26, 201, the Defendant sent the fF’s chest on one hand at one time.

Accordingly, the defendant, who is a police officer, interfered with the legitimate execution of duties in relation to the reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement G and C;

1. Application of statutes on site photographs;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment with prison labor for the 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The above circumstances are that the defendant, under the influence of alcohol, interferes with another person's business, assaults a police officer dispatched after receiving a report, etc., and that there is a good record of punishment for violent crimes: The defendant is treated as a disease such as the defendant's wrong recognition of the error and the stimulative disorder, etc.

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