logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2016.07.14 2016고단693
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

B. On January 29, 2016, Defendant 1: (a) obstructed D’s restaurant business by getting the entrance at a hand in front of the restaurant entrance as indicated in paragraph (1) around 13:34; (b) obstructed D’s restaurant business by getting off the entrance; and (c) obstructed D’s restaurant business by getting off the entrance; and (d) upon receiving a report, Defendant 12 of the said details, she was requested from G to confirm the personal information and the instant case from the police officer of the Gasan Police Station E District, the Gasan Police Station Earf, who was called up after receiving the report, and was requested by G to check the personal information and the situation of the case, she pushed down the chest part of the said F’s chest face with hand, and then sup the bridge part of G’s face.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made in relation to D, F and G;

1. Reporting on the arrest of a case;

1. Application of Acts and subordinate statutes on the spot and damage situations;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 314(1) (a) and 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act concerning the selection of punishment, and imprisonment, respectively;

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 of the order to attend a lecture* [Scope of the recommended punishment] Crimes 1 (Obstruction of Business) [No person subject to special sentencing] in the basic area (six months to one year and six months) of the Act on the Obstruction of Business Affairs] * There is no basic area (Obstruction of Execution of Official Duties) / [Scope of the recommended punishment] in the basic area (six months to one year and four months) of the Act on the Obstruction of Performance of Official Duties (Obstruction of Execution of Official Duties) / There is no special sentencing person / The final sentencing range due to multiple crimes * The final sentencing range due to multiple crimes : six months to two months : the decision of the sentence was made * the decision of the victim on the damage to the victim, or the intention to the victims was not imposed.

However, the fact that the defendant has no criminal history of the same kind of crime, and the confession is made once in this court is more favorable.

Such circumstances and the contents of the above sentencing guidelines, the age, criminal conduct, and the circumstances after the crime were taken into consideration.

arrow