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(영문) 대전지방법원 서산지원 2019.05.09 2019고단110
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On January 7, 2019, at around 21:10, the Defendant obstructed the victim’s convenience store business by avoiding disturbance, such as spiting, spiting, spiting, on the floor of the victim C, which is operated by the victim C of the victim C in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, without any reason, and taking advantage of the influence of alcohol.

2. On January 7, 2019, the Defendant 21:27, at the same place as indicated in paragraph (1), 112 reported on the Defendant’s obstruction of performance of official duties at the scene, and was asked questions about personal information from F officers of the Taean Police Station E box of Taean Police Station dispatched to the site, and spit the above FF’s clothes on one occasion in drinking, while taking a bath, and spit it into the face.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement prepared by C and G;

1. The service log of the police box;

1. 112. List of reported cases;

1. Video materials for the obstruction of performance of official duties and business obstruction;

1. An explanatory invoice ( CCTV images of a DNA convenience store containing a suspect's business obstruction surface);

1. Application of Acts and subordinate statutes to a investigative report (CCTV confirmation report);

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;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Class 2 (Interference with Business) Crimes (Determination of Punishment) and interference with business.

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