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(영문) 대구지방법원 2019.07.09 2019고단2486
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 28, 2019, from around 22:30 on April 28, 2019 to 22:59 on the same day, the Defendant obstructed the Defendant’s business by avoiding disturbance, such as giving lessons to other customers under the influence of alcohol within the “D” operated by the victim C, and by drinking the victim. However, without any justifiable reason, the Defendant was able to avoid disturbance, such as “the victim and other customers, including the victim at the same time, who are well fighting, spawd one time, and killed.”

Accordingly, the defendant's power interfered with the victim's original business.

2. 공무집행방해 피고인은 전항과 같은 날 23:00경 위 ‘D’ 내에서, 전항과 같은 소란 신고를 받고 출동한 영천경찰서 E지구대 소속 경위 F, 경위 C이 위 기원 업주 C에게 계속하여 욕설을 하는 피고인을 만류하며 귀가를 권유하자, “내가 뭘 잘못 했는데. 너 뭐야. 내 성질나면 다 엎어뿌요. 나 싸움 잘해요”라고 하며, 손으로 F의 가슴을 밀치고, 계속하여 멱살을 잡고, 왼손바닥으로 F의 우측 얼굴을 4회 때리는 등 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies, and property, prevention, suppression, and investigation of crimes.

3. At the same time and place as in the preceding paragraph, the Defendant was unable to have avoided any disturbance, such as taking a bath against the background F and the said reporter C as in the preceding paragraph, and the circumstances were said to be that C was sold, and the circumstances and circumstances were to be that “YYYYY YYYYYY YYYYYY YYYYYYYY YYYYYYYYYYY YYYYYYYY YYYYYYYYYYYYYYYYYYY

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of the Acts and subordinate statutes on screen pictures to a police officer's photographic scam;

1. Relevant Article 314(1) of the Criminal Act and Article 136 of the Criminal Act concerning criminal facts, the choice of punishment (a point of interference with business and choice of imprisonment).

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