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(영문) 대전지방법원 2018.12.13 2018고단3729
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 18, 2018, at around 20:05, the Defendant obstructed the victim’s pharmacy business by force for about 10 minutes, such as: (a) around September 18, 2018, the Defendant: (b) demanded medication while under the influence of alcohol; (c) however, (d) was urged by the drug victim to take alcohol after the flasing of alcohol; and (d) there was a flasing customer; and (e) there was a flasing customer, the Defendant: (a) obstructed the victim’s pharmacy business operation by force for about 10 minutes, such as: (a) the Defendant: (a) was urged by the drug victim to take alcohol from the drug victim; (b) the flasing customer; and (b) the flasing customer; and (b) the Defendant

2. On the front day of the “E” around 20:40 on the same day as the above paragraph (1) above, the Defendant was requested to return home from G in the circumstances where he was called out after receiving a 112 report that he interfered with the pharmacy business, whether he was a public official, and whether he was a friench frier, who was called out by the FJJK G in Daejeon.

On the off-distance from the off-distance to the Gayang-dong, the police officer obstructed the police officer’s operation of patrols by repeatedly committing an act in front of the front door of the patrol group, obstructed the police officer’s operation of patrols by hand, knife the shoulder and other parts of the above G with his hand, and Ha in the situation where the police officer in the same district group called “I am fe, I am to go through how I am,” and assaulted the above H with the above Ha, etc. in his arms.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the 112 case handling.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Written statements of D;

1. Each report on investigation;

1. Application of CCTV-cape photograph Acts and subordinate statutes;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties);

1. Articles 40 and 50 of the Criminal Act;

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. The Criminal Act, the suspension of execution;

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