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(영문) 대구지방법원 서부지원 2017.11.23 2017고단1200
업무방해등
Text

A defendant shall be punished by imprisonment 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

1. On April 24, 2017, from around 21:50 to around 22:20, the Defendant obstructed the victim’s restaurant business by force, such as: (a) the Defendant, at the restaurant operated by the victim C in the Daegu Seo-gu Seo-gu B, putting out the inside of the small-scale branch on the table, thrown away the small-scale branch on the table; (b) putting the small-scale branch on the table on the table; (c) putting the wooden village into the table; and (d) putting down the wooden village on the floor; and (d) putting the customers in the restaurant, spiting it down on the floor; and (e) putting them away out of the restaurant, thereby obstructing the victim’s restaurant business.

2. The Defendant interfered with the performance of official duties, at the above date, at the above time, and at the above place, assaulted the police officer’s legitimate performance of duties on the public safety and order maintenance of the police officer, such as paying the drinking value to the Defendant and bringing back back back the Defendant back to Korea by the police officer affiliated with the police box D of the Police Station, which called “Ne F must do so in f. F. F. f. f. f. f. f.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. The application of the alcohol value receipt, and the statutes governing the pictures of this case;

1. Relevant provisions of the Criminal Act and Articles 314(1) and 136(1) of the Criminal Act (the point of obstructing the performance of official duties) concerning criminal facts;

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. Sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

(b) Class 2 Crimes (Obstruction of Duties) [Scope of Recommendations] : From June to October 1, 200, the scope of final sentence due to the aggravation of multiple offenses (including serious efforts to recover damage) in the mitigated area (one month to August) (one month).

2. The sentence includes the power of the same kind of suspended sentence.

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