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(영문) 대전지방법원 홍성지원 2021.01.12 2020고단972
공무집행방해등
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 February 22, 2020, the Defendant: (a) around Jeju-si B and the Victim C (Woo, 55 years old) around 23:00; (b) expressed a large interest of the victim’s entertainment shop business in the process of cutting off the drinking value at the D summary points operated by the Victim C (Woo, 5 years old); and (c) expressed the victim at the time of vision with the victim, the Defendant expressed a bath at the large interest of the victim’s entertainment shop business. The Defendant obstructed the victim’s entertainment shop business by force for about 30 minutes by avoiding the disturbance with other customers who flash the disturbance and asking for drinking, and by force.

2. On February 23, 2020, the Defendant who obstructed the performance of official duties was informed of 112 at the place indicated in the above paragraph (1) at around 00:00, and was dispatched to the site after receiving a report from the slopeF belonging to the Ethical branch of the Jeju Police Station Ethical Police Station in the Jeju Police Station, and was dispatched to the site, “Isk bar business place.”

The blick blick blick blick blicked and pushed down a blick F’s blick by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Application of the police statement C to the defendant's legal statement F related to the field pictures;

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor for the choice of punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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. Scope of the recommended sentences according to the sentencing criteria;

(a) First Crimes (Interference with the Execution of Official Duties) / [Type 1] / [the territory of recommendation and the scope of punishment] basic area (no person subject to special sentencing) and six months to one year and six months; and

(b) No. 2 Crimes (Interference with Business) [Determination of Type] Obstruction of Business Affairs [Type 1] Obstruction of Business Affairs (Special Sentencing Person]: Reduction element of Punishment: Non-exclusive area of Punishment [Scope of Recommendation and Recommendation] Reduction Area, Imprisonment with labor for one month to eight months;

(c) Recommendations according to the standards for handling multiple crimes;

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