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(영문) 대전지방법원 천안지원 2015.11.19 2015고단760
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 April 18, 2015, between around 22:00 and 23:00, the Defendant interfered with the business, at the “D shop” business place located in Seogbuk-gu, Seoan-gu, Seoan-gu, Seoan-gu, and caused disturbance, such as under the influence of alcohol, drinking to the surrounding customers, drinking, and drinking, and drinking the beer, and the victim E, an employee of the above business place, continuously released the Defendant outside, at the entrance of the above business place, continued to put the Defendant out of the public.

Accordingly, the defendant interfered with the victim's contact service.

2. The Defendant committed an act of obstruction of performance of official duties on the above date, at the above place, and at the same time and place, the Defendant took a bath to the police officer G belonging to the F District District of the Yanananan Western Northern Police Station, who was dispatched to the site after receiving a report of 112 while avoiding the disturbance, stating that he would restrain the Defendant, and ask his personal information, and assault the said G by walking the left part of the said G at one time.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness E and G;

1. Application of Acts and subordinate statutes on police statements in G and E;

1. Articles 314(1) and 136(1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentencing guidelines for the crime of obstruction of performance of official duties, among the crimes of this case for the reason of sentencing under Article 62(1) of the Criminal Act, constitute the case where the mitigation area (i.e., obstruction of performance of official duties/performance of duties) and the degree of violence, intimidation, and deceptive scheme are minor, and the crime of obstruction of business in concurrent crimes is prosecuted before the sentencing guidelines are set, the above sentencing guidelines are referred only to the lowest limit.

In spite of the same record, the defendant committed the crime of this case.

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