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(영문) 대구지방법원 2017.05.23 2017고단1270
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 16, 2017, the Defendant who interferes with his/her duties did not retire after calculating the drinking value, etc. at the amusement point in the trade name “C” located in Junggu Daegu-gu, Daegu-gu, as of February 16, 2017, even after a certain period of time has elapsed since calculating the drinking value, etc., and did not leave his/her office. As such, he/she was solicited to leave the room from the victim D, who

A. He shall have the care of any person.

In some cases, the victim’s entertainment shop business operation was obstructed by putting about 30 minutes of the disturbance at the heading room and interfering with other customers’ entrance rooms.

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

2. The Defendant, at the above date, at the above time and place, took a bath to the Defendant, “I am home from the police officer F belonging to the police station E division of the Daegu Jung-gu Police Station E division, who was dispatched to the scene after receiving a report on the above facts, and was urged to return home from the police officer of the police station E division of the Daegu Jung-gu Police Station.” The Defendant sent the victim’s face at one time due to drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and F;

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. The reasons for sentencing under Article 62(1) of the Criminal Act under the suspended sentence include the following: (a) the Defendant interfered with his/her duties and committed assault against the police officer dispatched by him/her; (b) the Defendant did not receive a letter from the victims; (c) the Defendant recognized his/her criminal act; (d) there was no record of obstructing the performance of duties or obstructing the performance of official duties; and (e) there was no specific criminal history for about twenty (20) years after being punished by violence before 197; and (e) the Defendant’s conditions for sentencing favorable to the Defendant, such as the Defendant’s age, sexual behavior,

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