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(영문) 대구지방법원 2016.09.30 2016고단3126
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. 업무 방해 피고인은 2016. 4. 17. 01:13 경 대구 동구 C에 있는 편의점에서 술에 취하여 종업원인 피해자 D( 여, 19세) 이 마음에 들지 않는 이유로 피해자에게 “ 좆같은 년이 뭘 쳐다보냐

“Along 15 minutes by force, the victim interfered with the victim’s convenience store business by putting the victim into the convenience store, such as putting the victim a drink, putting him/her drinking, etc., and preventing him/her from entering the convenience store, thereby obstructing the victim’s convenience store business by force.

2. The Defendant interfered with the performance of official duties was investigating the case described in paragraph 1 at the F District Subconference E located in Daegu-gu, Daegu-gu, about April 17, 2016.

F. A police officer G(36) belonging to the F District would be asked about why it was why it was why it was distorted, and “Isson who was at the end of this weather year, Hasson who was at the end of this weather year, is a superior. Hasson.

Happed with the desire of "Happed with G", as we can see G in drinking, and when the police officer H(41) belonging to the same district unit that the defendant used to keep the defendant in order to keep the defendant a drink once, she assaulted the police officer by drinking his/her drinking to H.

Accordingly, the defendant interfered with legitimate execution of duties concerning the investigation of crimes G and H, a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement in each police statement with regard to G, D, and I;

1. Written statements, investigation reports (Attachment of CCTV images in the earth), entries in investigation reports (Attachment of CCTV images recorded at convenience stores), or application of video-related statutes;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who interferes with the performance of public duties by a police officer with the conduct of public duties, and by a crime committed against H with the conduct of public duties by a police officer with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation concurrent crimes;

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