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(영문) 창원지방법원 2016.06.16 2016고단938
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 18, 2016, around 00:15, the Defendant: (a) obstructed the Defendant’s business by drinking alcohol within “C” located in “C,” the main business of which is the victim D (n, 30 years of age) who was the victim of the Defendant’s business and fright home to her home, and her home to her home to her home to her, and, (b) led to the Defendant’s mistake in the test; (c) the Defendant’s customer E, etc. to her home to her by talking the Defendant; (d)

The victim's main business operation was obstructed by force, such as avoiding disturbances over about 55 minutes, such as intending to spawn and assault drinking while taking a bath of her opening, Isra, and her drinking, and allowing customers in the place to drink alcohol, etc.

2. The defendant who has interfered with the performance of official duties at the time, time, and place specified in paragraph (1) and reported 112 as the disturbance of the main action at the scene and sent to the scene by G to the police box of the Jindo Police Station, who belongs to the police box of the Jindo Police Station, shall calculate

” 라며 피고인을 부축하여 밖으로 나가려고 하자 “ 씹할 내가 뭘 잘못했는데 와 씹할 놈들 아, 개새끼들 아” 등 욕설을 하면서 오른쪽 주먹으로 위 G의 얼굴을 1회 때리는 등 폭행하여 112 신고 사건 처리에 관한 경찰관의 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, and E;

1. Each report on investigation;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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 official duties) and the choice of imprisonment with prison labor for the 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. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Criminal Act are crimes 1 (Obstruction of Duties) (Scope of Recommendation / Obstruction of Duties) in the basic area (6 months to 1 year and 6 months), / 2 (Obstruction of Performance of Official Duties) without any special sentencing person / [the scope of Recommendation / The scope of Recommendation ] the basic area (6 months to 1 year and 4 months) (the person who interferes with performance of Official Duties) (the scope of Recommendation / 1 year and 4 months) (the person subject to special sentencing).

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