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(영문) 청주지방법원 영동지원 2014.02.27 2013고단218
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 30, 2013, from around 07:00 to around 08:00 of the same day, the Defendant interfered with the business of the victim’s taxi operation by force by failing to comply with the victim’s duty, on the ground that the victim, within the taxi located in the victim D (the age of 63) who stopped on the front road of the Cheongcheon-gun, Cheongcheon-gun, Cheongcheon-do (the age of 63) demanded the payment of the taxi fee, and the victim does not have his/her walled because he/she demanded the payment of the taxi fee.

2. The Defendant interfered with the performance of official duties by assaulting a police officer’s legitimate performance of duties concerning the prevention, suppression, and investigation of a crime by assaulting a police officer’s face to the face of the above FF, on the ground that a slope F, who was dispatched after receiving a report at the time and place specified in paragraph (1), would bring the Defendant in a taxi, and by arresting him/her as a flagrant offender interfering with his/her duties, leading him/her to the police officer at the 112 patrols who was arrested as a flagrant offender interfering with his/her duties, leading him/her to his/her head.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Each statement of D and F;

1. Photographs;

1. Application of Acts and subordinate statutes to a investigative report (to hear statements by telephone from a police officer visiting the police station);

1. Article 136 (1) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for the crimes of obstruction of performance of official duties against each other, and the punishment for the crimes of obstruction of official duties against G with heavy punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for one to seven months;

2. The scope of the sentence recommended on the sentencing guidelines [type of crime], obstruction of the performance of official duties, and obstruction of the performance of official duties (type 1) (special mitigation) are minor.

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