logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2016.08.19 2015고단1147
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

"2015 Highest 1147"

1. On August 6, 2015, at around 04:30 on August 6, 2015, the Defendant: (a) refused a request for the payment of the alcohol value from the EE point where C victim D works; (b) refused a request for payment on the physical card on the ground that there is no balance; and (c) obstructed the victim’s main business by avoiding disturbance about 40 minutes; and (d) obstructed the victim’s main business.

2. On August 6, 2015, at the same place as indicated in paragraph (1) around 05:15, the Defendant: (a) received a report from 112, stating that “I will not pay a drinking value; and (b) took a bath to an slope G belonging to the Fuk Police Station, dispatched to the site; and (c) threatened the police officer’s right side side side side side of the said police officer as he/she would spawd with drinking while taking a bath to him/her; and (d) committed assault.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.

"2016 Highest 1050"

3. On July 6, 2016, around 23:07, the Defendant: (a) did not get on a taxi operated by the victim I before the gas station located at G at Gyeongnam-si, and did not get off the taxi at the destination; (b) and (c) did not have arrived at the destination; (c) the victim intending to put up a taxi at the seat of the victim of the defect in operation at the passengerpo zone; (d) took off the cab outside of the taxi window; and (e) assaulted the victim, and damaged the victim’s inner diameter so that the amount of 50,00 won would be equal to the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against J;

1. Each police statement made to D, K, G, and I;

1. Each report on investigation;

112 Application of Acts and subordinate statutes to the 112 reported case processing table, invoice, and each field photograph;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 260(1) of the Criminal Act (the point of assault), Article 366 of the Criminal Act (the point of destroying property), the choice of imprisonment for each sentence;

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 Code of the Suspension of Execution (the grounds for the following sentencing)

arrow