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(영문) 전주지방법원 정읍지원 2018.07.03 2018고단75
업무방해등
Text

The punishment of the accused shall be set forth in six months.

except that the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 13, 2017, the Defendant obstructed the victim’s drinking business by entering a “D” drinking house operated by the victim C, which was under the influence of alcohol on September 13, 2017, and obstructing the victim’s drinking business by force, by having the customers who had been entering the said house with approximately 20 minutes of pacta, such as making a brue and paying for expenses, etc.

2. The Defendant interfered with the performance of official duties, at the time stated in paragraph 1, committed assault, such as franchising fating a fat of the Ansan Police Station Ebat that was called after receiving a 112 report in front of the foregoing drinking house, and bating the Defendant, and fating the fat of the Ebat at the time of the call.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Each report on internal investigation:

1. Application of statutes on site photographs;

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. 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 community service order;

1. Application of the sentencing criteria;

(a) Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) basic area (no person subject to special sentencing) of the first type (no person subject to special sentencing) that interferes with the performance of official duties from June to June 1, 200;

(b) Class 2 Crimes (Interference with Business) [Scope of Recommendation] Interference with Business, Type 1 (Obstruction of Business) (Interference with Business], the mitigation area (one month to eight months) [Special Reduction Persons] Punishment Non-members;

(c) The scope of final sentence due to the aggravation of multiple crimes: Six months to one year;

2. A crime of violence against a police officer in uniform called out shall be considered to be bad in that the police officer subject to disturbance in his/her liquor where he/she is sentenced to punishment, and violence is committed against him/her;

Provided, That the victim of interference with business shall not want to be punished against the defendant under the agreement.

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