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(영문) 대구지방법원 의성지원 2017.03.02 2017고단13
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 December 21, 2016, the Defendant obstructed the victim’s restaurant business by force by avoiding a disturbance between about 20 minutes, by having the victim E (63) who was under the influence of alcohol and laid his/her bath to the restaurant on the floor at the F restaurant operated by the victim E (63 ) located in the Gandong-gun, Gandong-gun, Ganbuk-gun, and thereby obstructing the victim’s restaurant business by force.

2. On December 21, 2016, around 17:50 on December 21, 2016, the Defendant: (a) sent a disturbance at the restaurant as indicated in paragraph (1) of this Article after receiving a report; and (b) H (46) was the police officer of the Seongdong Police Station G police box affiliated with the Defendant, who was called out after receiving a report, expressed the victim’s h (i.e., the police officer assigned to this hing hing hinge; (b) the hinge hinge hinge hings; and (c) the hinge hing one hinge hing one hing one hinge; (c) the victim’s hinge hinge hings on the right hing part; and (d) the victim’s hing the hinge hinge hing in the victim’s face; and (d) the victim hing the victim’s face three times, thereby causing an injury.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on the investigation of the case, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made with regard to I and H;

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

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and Article 257(1) of the Criminal Act (the point of interference with business) of the same Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on the crimes of bodily injury, the crimes of obstructing the performance of official duties, and the punishment imposed on the crimes of serious bodily injury);

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

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

(a) Type 1 (Interference with the performance of official duties and coercion of duties) is the basic area (six months to one year and six months);

(b) One type of interference with business affairs;

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