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(영문) 대구지방법원 2017.11.30 2017고단5323
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 September 7, 2017, the Defendant: (a) filed an application for singing with customers at “C” located in Daegu Dong-gu, Daegu Dong-gu, Daegu-gu, on September 23:30, 2017; and (b) the Defendant: (c) the Victim D, who received an application for singing from customers at a stage, was able to do so; and (d) the Defendant is not able to

The victim interfered with the victim's performance by avoiding disturbance, such as putting the flusium into drinking and cutting the flusium twice by drinking, etc.

2. Around 23:47 on the same day, the Defendant: (a) at the front of Daegu Dong-gu, Daegu-gu, and reported 112 on the site, recommended the Defendant to return home; (b) the police officer affiliated with the E District of the Daegu Dong-gu Police Station E District of the Daegu Dong-gu, Police Station: (c) expressed the Defendant’s desire to “the bitch fe”, and assaulted the victim’s left face at one time

Accordingly, the defendant interfered with the police officer's legitimate execution of duties on the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to investigative reports (Attachment of photographs of damaged articles);

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines for one crime (Interference with the performance of official duties) and the scope of the final sentence due to the aggravation of multiple crimes (including serious efforts to recover damage) by the mitigation area (one month to eight months), the mitigation area of the punishment (including the scope of the recommended punishment), the mitigation area of the punishment (including the specially mitigated person), the mitigation area of the punishment, and the scope of the final punishment due to the aggravation of the punishment amount (including the serious effort to recover damage): Six months to October 1:

2. Circumstances unfavorable to a decision of sentence: The defendant interferes with the victim's duty of care by avoiding disturbance of drinking alcohol, and also reports the victim 112;

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