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(영문) 대전지방법원 천안지원 2018.08.23 2018고단1464
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 9, 2018, the Defendant who interfered with the business of the Defendant came to the DNA conference managed by the victim C in Asia-si, Asan-si on June 9, 2018, and without any justifiable reason, the Defendant is a woman engaging in the sexual traffic business in front of the Kabter.

It is the reduction of our country.

There was a disturbance between approximately 20 minutes, such as putting sound, putting the knicker, door, etc. on hand, and making it difficult to avoid disturbance.

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

2. On June 9, 2018, the Defendant was demanded to request the explanation of the situation from the Inspector F of the ASEAN E District of the Asia Police Station, which was called out after receiving a report from 112, that the Defendant would avoid disturbance at the above DNA, such as the preceding paragraph.

Defendant refers to the personal information of the victimized person.

The phrase “a request to clarify personal information”, etc. was made by the said F, and “a request to clarify personal information” was made by the said F, and the said F was pushed down two times with the Defendant’s chest.

Accordingly, F arrested the Defendant as the current offender with the interference of duties and interference with the performance of official duties, and arrested the Defendant on the patrol vehicle, and the Defendant assaulted the chest of F on the part of the patrol vehicle once.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties concerning the handling of reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

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

1. C’s statement;

1. On-site and photographs of damaged parts;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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 Criminal Act: The crimes committed by the defendant, such as obstructing another person's business under the influence of alcohol, assaulting a police officer dispatched after receiving a report, etc., are poor;

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