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(영문) 대구지방법원 김천지원 2017.01.12 2016고단1611
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On October 24, 2016, from around 18:00 to 18:30 of the same day, the Defendant interfered with his/her business, at the “E restaurant” operated by the victim D (32 tax) of the victim D (32) in the Gumisi from around 18:00 to around 18:30 of the same day, the Defendant, while drinking mixed alcohol and drinking tobacco as a warehouse located in the restaurant, was breading so that he/she was under the influence of alcohol, he/she laid down an empty drinking bottle on the floor, and the Defendant, “sring, chewing, and dead.”

In order to avoid disturbance, such as “drawing,” it interfered with the victim’s restaurant business by force.

2. The Defendant who interfered with the performance of official duties was posted at the above restaurant around 18:40 on the same day as described in paragraph 1, while G in the circumstances where G of the F District of the former Police Station called out after receiving the 112 report takes the Defendant out of the restaurant, and the Defendant “Is to pay the drinking value in the wall.”

Summary of identification card

For the reason that the G was asked to be “,” it was assaulted by the said G on one occasion on the left side of G with the solely hand floor of the said G.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Application of Acts and subordinate statutes to internal reporting (Attachment of CCTV images);

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136 of the Criminal Act, and the choice of imprisonment, respectively;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. From one month to seven years and six months of imprisonment with prison labor within the applicable sentencing range by law; and

2. Application of the sentencing criteria;

(a) Category 1 (Obstruction of Performance of Official Duties and Compelling of Duties) (Scope of Recommendation), which interferes with the performance of Official Duties, (Scope of Punishment), shall be from 6 months to 1 year and 4 months (basic area).

(b) Type 1 (Interference with Business) (Special Sentencing) mitigation element: No person shall be punished.

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