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(영문) 대구지방법원 2017.04.20 2017고단855
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 February 6, 2017, from around 02:15 to from around 02:35 on the same day, the Defendant who obstructed business affairs is required to pay in the second floor of “Durel” operated by the victim C (V, 49 years old) located in Yongcheon-si, Youngcheon-si, and to pay in advance 30,000 won of accommodation expenses, and Party A itself installs a cell phone.

I would like to h.h. Does this do not bring the money inside, “h. Ra,” and obstructed the accommodation of other customers who are accommodated in the Moel by avoiding disturbance, thereby obstructing the victim’s business operation by force.

2. The Defendant interfered with the performance of official duties at the same place as indicated in paragraph 1, around 02:40 on the same day as indicated in paragraph 1, and at the same place, the Defendant arrested two police officers, including assistant F, etc., who were dispatched to the scene after receiving a 112 report, as an flagrant offender, and arrested two police officers, such as Yongcheon Police Station Epicing F, etc., to commit an act of committing an act of committing a crime, and obstructed the police officers’ legitimate performance of duties concerning the handling of the reported case, by assaulting two police officers, such as slope F, etc., who get off the above telef’s stairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, F, and G;

1. Application of Acts and subordinate statutes to report internal investigation (referring to the attachment of photographs, such as the standing room, etc.);

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment with prison labor for the 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 stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines for the crime No. 1 (Obstruction of the Execution of Official Duties) is limited to the scope of the sentencing guidelines for the crime No. 2 (Obstruction of Duties) that has no basic area (from June to one year and six months) [the scope of the recommended punishment] [the scope of the punishment for the crime No. 2 (Obstruction of Duties]], the mitigated area (from January to August), [the scope of special mitigation] [the degree of the power and deceptive means, or the degree of interference with duties are minor.

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