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(영문) 대구지방법원 2018.06.08 2018고단1197
업무방해등
Text

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

However, the execution of the above sentence 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 February 27, 2018, the Defendant, who interfered with his/her duties, called “E restaurant” in the 20:30 on February 27, 2018, operated by the victim D (V, 55 years old) in Daegu-gu Dong-gu, Daegu-gu, to call with a large sound under the influence of alcohol, and then see “nick with alcohol. I wish to see” to the employee F.

“Accomponing the disturbance, such as “Accomoning,” caused the victim to go out of the restaurant, thereby obstructing the victim’s restaurant business by force for about one hour.

2. On February 27, 2018, around 21:55, the Defendant: (a) 112 reported and sent to the site, and (b) on the ground that the security guards belonging to the Daegu-dong Police Station G District, who called the site after receiving a 112 report and used both H to return home after calculating the drinking value, and (c) h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h

Accordingly, the Defendant interfered with the legitimate execution of duties of 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 H and D;

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 each sentence of imprisonment;

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. The grounds for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures are as follows: First Crimes (Obstruction of the Performance of Official Duties) [the scope of recommendations] [the scope of punishment for a person subject to special mitigation] who has no person subject to the punishment [the scope of punishment for a crime subject to special mitigation] [the scope of punishment for a crime subject to special mitigation] [the scope of punishment for a violation of Article 1(Obstruction of Duties] [the scope of punishment for a crime subject to special mitigation] [the scope of punishment for a violation of Article 62-2] and the final scope of punishment for multiple crimes subject to the aggravation of punishment (including serious efforts for recovery of damage]: Six months from one year to ten months [the decision of sentence]]. The defendant has the power to be punished for the same crime.

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