logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.08.09 2018고단1718
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On April 15, 2018, the Defendant: (a) obstructed the victim’s restaurant operation by force by avoiding disturbance, such as: (b) 03:50 on April 15, 2018, on the ground that the victim D, located in Seo-gu Daejeon, posted the tables on the side tables at the cafeteria of “E” operated by the victim D; (c) putting the tables on the part of the customers; (d) Dacing the customers; and (d) talking the employees of the groupingly; and (e) passing sound to the employees.

2. Around 04:30 on the same day as indicated in paragraph (1), the Defendant: (a) received a report from 112 that “E frank the pedal” in the above “E” restaurant; and (b) assaulted the chest part of the above H, which was placed in front of the entrance of the Daejeon Western Police Station, to return home from the G seat of the F District of the Seoul Western Police Station, and the Nonindicted H, who was called in front of the entrance of the restaurant.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reporting duties by police officers in uniform.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each statement of D and I;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 314(1) and Article 136(1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

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. The scope of the final sentence due to the aggravation of punishment under Article 62(1) of the Act on the Suspension of Execution of Sentence 1 (Interference with Business) of the Act on the Grounds for the Sentencing of Article 62(1) of the Criminal Act on the Grounds of Crimes with No. 1 (Interference with Business) (Scope of Recommendations) in the basic area (Interference with Execution of Official Duties) [the scope of Recommendations] [the scope of Recommendations] 2 (Interference with Execution of Official Duties] in the basic area (from June to January 1) (the scope of Recommendations] in Article 1 (Interference with Execution of Official Duties). The basic area (the scope of Recommendations from June to June 6) in Article 62(1) of the Act on the Suspension of Execution of Official Duties: Six months to December 3 [the Determination of the Sentence] of the Defendant’s reflect on the background of the crime, degree of damage, agreement and deposit, probation one time for suspended execution due to similar crimes in 2011, and several times of fines due to these crimes].

arrow