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(영문) 대구지방법원 2016.08.26 2016고단3200
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 21, 2016, from around 21:00 to 22:00, the Defendant who interfered with his/her duties is a D restaurant operated by the victim C in the Gyeongbuk-gun B, and under the influence of alcohol, the Defendant “lance, hump, and hump of pirk by drinking.”

The Defendant interfered with the victim’s restaurant business by force by avoiding the disturbance for about one hour, such as making a hack with the large sound called the “Woo”, and preventing customers who were in the said restaurant from leaving or entering the said restaurant.

2. On March 21, 2016, the Defendant interfered with the performance of official duties, at the above location, and upon receiving a report that the Defendant scambling a drunk, and received a request for returning home from the F for the security guards belonging to the Gline Police Station E box, the Defendant sent out, and received a request from the Defendant for returning home from the F. of the police box belonging to the Gldong Police Station E, the Defendant

눈까리 후비 파뿐 다! ”라고 욕설을 하고, 양손을 들어 얼굴을 향해 때릴 듯이 위협을 하였으며, 수 차례 멱살을 잡는 시늉을 하고, 팔꿈치로 F의 가슴 부위를 1 회 밀쳐 폭행하였다.

As above, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases by police officers and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and F;

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

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

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

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) is the basic area (six months to one year and four months), and there is no special sentencing factor (special sentencing factor).

B. Group 2 Crimes (Obstruction of Duties) [Scope of Recommendation] Obstruction of Duties (Obstruction of Duties) (Type 1 (Obstruction of Duties) (No. 1 month-8 months)] Suspension of Punishment (including serious efforts to recover damage).

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