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(영문) 대구지방법원 서부지원 2016.06.09 2016고단750
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 21, 2016, at around 03:00, the Defendant interfered with the Defendant’s duties, at “EPC room” operated by the victim D in the elderly group of North Korea, the Defendant interfered with the Defendant’s operation of the PC by force of approximately 10 minutes from that time to around 03:10 on the same day, by sobing sof as to be fluored on the floor of multiple-time hand, with the fruit for sale displayed on the line above the seat of the air transportter without any particular reason, and by fluoring down the air conditioning installed in the PC room, and by fluoring the PC’s operation by force from that date to 03:10 on the same day.

2. On April 21, 2016, around 03:10 on April 21, 2016, the Defendant obstructed the performance of official duties, and the Defendant injured the Defendant, as in paragraph 1, assaulted the police officer G, who belongs to the police box of the Gyeongbuk-gu Senior Police Station, who was called after having been reported to avoid disturbance, and was placed at the entrance of the room by the patrolman, and was sitting in by the patrolman, he saw the inside the PC room, and again intending to enter the PC into the PC room from the above H, with the words “I am on the PC, I see that I am “I am on the PC, I am, I am, I am, I am, and am on the two legs of H in their two sides so that I am and am on the face of H, and jo am a drinking-gu in both sidess.

As a result, the defendant interfered with the police officer's legitimate execution of duties concerning the investigation of crimes and the maintenance of public order, and at the same time, the victim H (27 years old) was placed knee in a knee-tying room which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, I, J, and H;

1. Investigative report (victims and police officers of H, and photographs at the scene of damage to property);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties), Article 257(1) of the Criminal Act (the point of injuring an injury) and Article 314(1) of the Criminal Act (the point of obstructing duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 Code of the Suspension of Execution (the following sentencing grounds)

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