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(영문) 대구지방법원 김천지원 2015.02.11 2014고단1476
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. The Defendant interfering with business is called “D operation” in the written indictment for the victim D service in Kimcheon-si from November 4, 2014 to 05:20 of the same day. However, the victim D is a worker at the above restaurant (in the investigation record 13 pages). However, the above correction is made.

In order to take the words of smoking in the E-cafeteria and smoking tobacco from the victim, and to hear the victim's words of smoking tobacco smoking, the victim expressed the victim's attitude that "I am hyp hyp hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn hyn, and the victim seems to have taken an attitude to hyn the victim's view to hyn hyn, and interfered with the victim's restaurant business by force for about 1 hour and 30 minutes.

2. On November 5, 2014, at around 05:35, the Defendant was arrested as a flagrant offender by the act of disturbance as above, and came to use the G police box at Kimcheon-si, Kimcheon-si, Kimcheon-si, the Defendant: (a) threatened the police box affiliated with the above police box that “I am off the head, cut off the head, cut off the head, cut off the head, and am the amb by the amb, cut off the head, cut the amb by the ambro, and turned down the amba,” she sawed the table with the table of the table and the chair at that place, and spited on the floor.

Accordingly, the defendant interfered with legitimate execution of duties of police officers in relation to internal work and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and H

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136 of the Criminal Act and the choice of imprisonment for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act on Probation.

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