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(영문) 창원지방법원 통영지원 2016.01.15 2015고단1153
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 12, 2015, at around 22:40, the Defendant obstructed the victim’s restaurant business by force for approximately 30 minutes, such as drinking alcohol in the D small-scale area operated by the victim C (the 52-year-old), and drinking alcohol in the D small-scale area operated by the victim C (the 52-year-old 52-year-old b, and doing a serious bath to the victim who was demanded by the victim to pay the drinking value, and threatening the victim to spawn and threaten the victim.

2. On October 12, 2015, the Defendant interfered with the performance of official duties: (a) was subject to a control from the F officer in the position of the E District of the Tong Young Police Station, who was dispatched to the site after receiving a report of 112 at the youth room specified in paragraph (1) around 23:35 on October 12, 2015; (b) the Defendant

2. Whether the head of the household is the head of the Dong

“In doing so, this part of the face of the F is taken two times, and assaulted at one hand by taking the face of the F.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of each statute on photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each 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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - Class 1 (Interference with the Execution of Official Duties) in the basic area of crimes (Article 62(1) of the Criminal Act - [the scope of recommendations] (Article 62(1) of the Act on the Suspension of Execution - No person subject to special sentencing] - The scope of final sentence due to the aggravation of punishment [the scope of punishment for special mitigation] (Article 1 to 8 months) in the area of mitigation (Article 62(1) of the Act on the Suspension of Execution - No. 1 of the Act on the Suspension of Execution - No. 1 of the Punishment of Specific Crimes (Article 62(1) (Article 62(1) (Article 62(1) of the Act on the Suspension of Execution of Official Duties: The fact that the victims do not want to be punished by the defendant due to an agreement with the victims, there is no history that the victims do not have been punished more than the suspension of execution.

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