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(영문) 대전지방법원 천안지원 2018.11.22 2018고단2496
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 25, 2018, the Defendant, who interfered with his/her duties, refused to provide this alcoholic beverage to the victim D ( South, 48 years old) who is an employee at a singing club located in Nam-gu, Nam-gu, Nam-gu, Nam-gu, Nam-gu, Nam-gu, Seoul, and the police assigned to Han Man-do and D.

The death will be discarded.

다 부숴 버리겠다.

“Along about 40 minutes of the Victim D’s primary business by force, such as making other customers unable to enter the place,” and thereby obstructing the victim D’s primary business by force.

2. The Defendant interfered with the performance of official duties on September 25, 2018, as the preceding paragraph before around 01:46, and sent the police station with “Isk-dong with Isk-dong.”

“Abspe” shall be sent to the police speaks, one-time speaks, and one-time speaks, who are sent to the place after receiving a report 112, and who are solicited by F to return home from F.

Before carrying out the bath of “Woo”, the body of F was sealed into arms and chests.

As a result, the Defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. D's self-written statements;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to photographs of music clubs;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: under the influence of alcohol by the defendant, poor quality of the crime such as obstructing another person's business, assaulting a police officer called upon receiving a report, etc.; there have been several records of punishment due to violent crimes; there are favorable records of punishment due to obstruction of the performance of official duties: The defendant's mistake is recognized; the defendant's age, sex, family relationship; and the above circumstances are the defendant's age, behavior, family relationship.

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