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(영문) 청주지방법원 2018.04.23 2017고단2804
업무방해등
Text

A defendant shall be punished by imprisonment for six 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 November 24, 2017, at around 21:00, the Defendant obstructed the victim’s restaurant business by force, including, but not limited to, the victim C’s “D cafeteria” operated by Cheongju-si, Seo-gu, Seo-si, who was under the influence of alcohol and was able to take a bath in front of the new site of the new site of the site of the site of the site of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle.

2. The Defendant interfered with the performance of official duties, as stated in the above 1. paragraph 1.2, when the E District Assistant F in the Cheongju Police Station E District Police Station called out after receiving a report of the disturbance 112, takes the Defendant out of the restaurant and solicits him to return home, he shall be deemed to be a police officer, and the Defendant shall be deemed to be a police officer.

The right side part of F was assaulted on one occasion in the right part of F with the right elbow, i.e., “I am ar, I am ar. I am.”

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. Application of Acts and subordinate statutes on police statements made to F and C;

1. Relevant Article 136 of the Criminal Act, Articles 136(1) and 314(1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of imprisonment for a 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The circumstances that are favorable to the nature of the offense: The confession of the offense and the fact that there is no previous conviction, the fact that there is no previous conviction in the same kind, and the victim of the crime does not want the punishment against the defendant; the punishment shall be determined as ordered by the order, comprehensively taking into account the defendant's age, sexual behavior, environment, motive, means and consequence of the offense, the circumstances before and after the offense, etc.

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