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(영문) 대전지방법원 2020.02.17 2019고단1562
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

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 April 8, 2019, from around 01:08 to around 01:25, the Defendant interfered with the business of the Defendant: (a) opened at the C convenience store located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun; (b) opened to the front of the calculating unit, and opened to the front of the calculating unit while drinking spirits, and opened to the convenience store business of the victim D, who is an employee, by force, by smoking the disturbance, such as cutting the tobacco in a cigarette display box, without permission.

2. The Defendant committed an act of interference with the performance of official duties at the time, place, as mentioned in Paragraph 1, and as seen above, committed an act of interference with the duties, and committed an act of assaulting the F’s bridge part at a convenience store, such as F, and F, and F, G, by continuing to enter the convenience store, and thereby stopping it, F and G’s bridge part at several times, f’s breath, f’s breath, f’s f’s breath, f’s face, f’s f’s bat, f’s bat, f’s bat, and f’s f’s bat.

Accordingly, the defendant interfered with the 112 reported duties by police officers in uniform, the prevention of crimes, and the protection of victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F, G, and H;

1. Examination protocol of the accused by prosecution;

1. Each police protocol of statement of H, F, G, and D;

1. Application of Acts and subordinate statutes to field photographs, respective CDs (Evidence Nos. 6, 7, 18), 112 Reporting Report List (Evidence List Nos. 9);

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for the crimes of obstruction of performance of official duties against each other, and the punishment for the crimes of obstruction of official duties against G with heavy punishment);

1. Selection of each sentence of imprisonment;

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

1. The sentencing under Article 62(1) of the Criminal Act is as follows.

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