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(영문) 대구지방법원 2018.03.16 2017고단6689
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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. On November 10, 2017, the Defendant: (a) was placed on the floor of fruits displayed at the entrance of Mat on the ground that he sells food materials that were under the influence of alcohol at Eart operated by the victim D in Daegu-gu, Daegu-gu; (b) on November 10, 2017; and (c) “this Mat bb bb hack food.”

"Along about four hours of interest", it interfered with the business of the victimized person's marina business by force.

2. Property damage Defendant: (a) was displayed at the entrance of Mat at the date, time, and at the place specified in paragraph (1), and destroyed the victim’s property by putting the victim’s property on the ground floor, such as 25,00 won (25,00 won) of the market price, 1,500 won of the market price, 30,000 won of the market price, 30,000 won of the market price, 3,500 won of the market price, 3,500 won of the market price, 1 box, etc.

3. Around November 13:57, 2017, the Defendant: (a) committed assault, such as assaulting the Defendant at the right bridge of G one time to walk, walking a brue, walking a brue at the right bridge; (b) when the police officers, guards, etc. belonging to the F District of the Southern Police Station dispatched to the site after receiving a report on 112 that the drunk fluor was frighted, and asked the Defendant about personal information, etc.; and (c) when the police officers, etc. of the F District of the Southern Police Station called to the site asked the Defendant about his/her personal information, etc., he/she committed assault.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on handling 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a transaction statement), and to a place where the F District Work is located;

1. 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 Article 366 of the Criminal Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The evidence revealed prior to the determination of the mental and physical disorder under Article 62-2 of the Criminal Act is examined prior to the crime of this case.

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