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(영문) 대전지방법원 천안지원 2017.05.18 2017고단808
업무방해등
Text

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

Reasons

Punishment of the crime

1. On April 4, 2017, the Defendant who interfered with his/her duties: 20:50 on or around 20:50, south-dong-gu.

C. At the E Scki’s No. E operated by the victim D, it obstructed the victim’s Schlage’s business by force, such as opening a street store package set up in front of the above Schlage on the ground that the victim would have come home without any reason while drinking.

2. The Defendant interfered with the performance of official duties, upon receiving a report on 112 that he interfered with the above duties at the time, at the time and place specified in paragraph 1, and, on the ground that the circumstances where G of the F Police Station affiliated with the Yacheon-nam Police Station, sent out, intended “Yaew Chewing” to be “breging,” and used double breging and breging the bresh of G with his hand.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning reporting processing duties by G 112 who is a police official.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (D);

1. Each statement (G, H);

1. Application of Acts and subordinate statutes to photographs damaged on the spot;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Crimes that interfere with the duties of sentencing guidelines [the scope of recommendations] for offenses that interfere with the duties of sentencing guidelines [the scope of recommendations] are limited to offenses that interfere with the performance of public duties for which no basic area (from June to one year and six months) exists (the scope of recommendations] [the scope of recommendations] that interfere with the performance of public duties for the types 1 (Interference with the performance of public duties) (from June to one year and four months) (the scope of recommendations] (the scope of recommendations from June to one year), which are the basic area (the scope of recommendations from June to four months): June to March 6:

2. The defendant who was sentenced to a suspended sentence for five months on January 26, 2017 and was sentenced to a suspended sentence of five months at Daejeon District Court for property damage, etc.;

2. 3. The judgment became final and conclusive, and the instant crime was committed more than two months after the date of commencement of the probation period.

Therefore, it is impossible to render a suspended sentence.

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