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(영문) 대구지방법원 김천지원 2015.02.05 2014고단1479
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From around 20:00 on November 8, 2014 to 21:00 on the same day, the Defendant interfered with the business operation of the victim D in the Gu and Si from the day from November 2014 to the day of the same day, the Defendant, under the influence of alcohol, obstructed the victim’s restaurant operation service for approximately one hour by force, such as “at least two persons....... are bad.... where two are bad.............) and the victim boomed from the victim, the Defendant boomed the victim at a large interest of “Chewing, sing, large sum of horses.........”

2. On November 8, 2014, the Defendant: (a) was raising a disturbance at the above restaurant on the part of November 21:20, 2014; (b) was under the control of the police box of the police station of the Gu and the police station that received the 112 report, and was dispatched from H; (c) was tried to assault his wife at the above restaurant without any particular reason; (d) was placed in the back of the train, etc.; and (e) was forced to stop his wife from G, etc.; and (e) was knicked by her hand; and (e) the Defendant was under the control of H’s chest who continued to go back to the restaurant, and was under the control of h’s chest at once.

After all, the Defendant interfered with the police officer’s legitimate execution of duties concerning patrol and suppression of crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to G and H;

1. Each statement of D and I;

1. The application of Acts and subordinate statutes to a report on internal investigation, a police box, a service log, and a criminal investigation report (related to the statement of an excursion ship by a s

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis;

1. Although the suspended execution does not have the same history as that of Article 62(1) of the Criminal Act, the content of the crime is not somewhat weak, the crime is committed under the substitute.

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