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(영문) 대구지방법원 김천지원 2015.04.08 2015고단89
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 11, 2014, at around 08:25, the Defendant interfered with the business, entering the victim C’s convenience store in the Gumi-si B, and interfered with the victim’s operation of the convenience store for the victim’s convenience store for about 10 minutes by demanding the victim to use the toilet continuously, despite the victim’s words “no toilet exists” from the victim, the Defendant continued to use the toilet, and hear the victim’s speech that it would go out from the victim, and thereby, the Defendant interfered with the victim’s operation of the convenience store for about 10 minutes by force.

2. On December 11, 2014, at the above convenience store around 08:35, the Defendant was subject to the restraint from F of the police box affiliated with the police box of the old American Police Station, which was dispatched after receiving 112 report while avoiding disturbance at the above convenience store, and the Defendant took the bath to F as “this spatch gue sphere sphere sphere sphere sphere sphere sphere sphere sphere F.

Accordingly, the defendant interfered with legitimate execution of duties concerning police officers' patrol and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to CCTV photographs within convenience stores;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act and the choice of punishment for the crime, the choice of punishment for the crime

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment heavier than that prescribed by the crime of interference with business);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Application of the sentencing guidelines [Scope of Recommendation] The range of the reduction area (one month to eight months) (special mitigation) is minor. The degree of violence, intimidation, and deceptive scheme is minor.

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