logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.12.18 2018고단4597
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 October 11, 2018, at around 22:00, the Defendant: (a) boarded the back seat of the taxi operated by the victim D in the vicinity of the “C” restaurant located in Busan Metropolitan City, Busan Metropolitan City; and (b) on the same day, the 4 of the Daegu hydro-gu Water Quality, the purpose of which is around 2:15, arrives in the new market.

The Defendant expressed that the victim demanded the payment of taxi charges “I see this dog, do not pay money,” and interfered with the victim’s taxi business by force of approximately 25 minutes by avoiding disturbances, such as the vehicle in which I am walking the driver’s seat on a hand.

2. The Defendant who obstructed the performance of official duties was urged to pay taxi charges and return home in front of the 3-dong Public Security Center in the 147-ro 1,000 from the 3-dong police station located in the middle of the above day-to-day, Daegu Suwon-gu, and to pay the taxi charges from F belonging to the E zone of the Suwon Police Station E zone belonging to the patrol police station during the patrol while avoiding the disturbance as above, and the Defendant “I see this dog, Nan Mara in the disposition of the 147-dong police officer.”

“In doing so, the police officers interfered with the legitimate execution of duties of police officers in relation to police patrol duties by assaulting the F, such as booming a drinking to the F several times, f to the F’s level, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. The receipt of taxi charges-unsettled;

1. Application of statutes governing the place of work;

1. Relevant Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314(1) of the Criminal Act (the point of obstructing the performance of official 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 Social Service Order Criminal Act: the scope of punishment [the scope of recommended punishment] that is final sentence due to multiple offenders who are not subject to punishment [the scope of punishment recommended to be mitigated] in the mitigation area of punishment (one month to eight months) [the scope of recommended punishment] (one month to one year and six months)] in the basic area (the interference of performance of official duties and the coercion of duties] (the scope of recommended punishment] in the mitigation area (one month and eight months) of punishment (including a serious effort to recover damage).

arrow