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(영문) 대전지방법원 천안지원 2018.10.29 2018고단1210
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 15, 2018, at around 00:0, the Defendant obstructed the victim’s restaurant operation by force by driving a disturbance for about two hours, including, without any justifiable reason, the following: (a) in a restaurant with the trade name of “E” managed by the victim D” located in Nam-gu, Nam-gu, Seoul; and (b) in the situation where there are other customers, the Defendant d, without any reason, took a bath to his/her employees; (c) dump the main disease on the floor; and (d) dump the dump to the shoulder ward; and (d) dump the dump to the employee.

2. On February 15, 2018, at around 02:33, the Defendant: (a) reported to the head of the police station G ( South, 27 years old) who belongs to the F Station of the Donannam Police Station of the Yanananannam Police Station called out after receiving a report that there was a customer who franks as described in the above paragraphs 1 and 2 on the front side of the restaurant as described in the above paragraph 1; and (b) attempted to explain the developments of the call to the Defendant and to take measures for returning home, the Defendant would have any defect in explaining the circumstances of the call to the Defendant; (c)

The death shall be discarded.

As the face of the above G is put in place on a food, the police officer's legitimate execution of duties in relation to the handling of the 112 reported case was obstructed by assaulting the 112 report handling, such as booming the fals of the above G with double hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols made to G police statements (Interference with the performance of public duties);

1. D's self-written statements;

1. Application of the Acts and subordinate statutes concerning damaged photographs and CCTV images-fashion photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Obstruction of Execution of Official Duties) / [Determination of Type] Obstruction of Execution of Official Duties, Type 1 (Obstruction of Execution of Official Duties and Compelling of Duties) / None of the persons who are subject to special sentencing] (Scope of Recommendation Sentence / Imprisonment 6 months to one year and six months;

(b) interference with the second offence (a determination of type), business (a determination of type);

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