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(영문) 청주지방법원 2017.09.21 2017고단85
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around December 9, 2016, the Defendant: (a) was drunk in front of C, which was driven by Cheongju-si, and the victim D, who was parked in order to board customers, anticipated the victim’s body more than the fences of the E-si driver’s seat of the E-si driven by the victim; (b) obstructed the victim’s taxi business by force, by driving the victim about about 40 minutes, including, but not limited to, the victim’s talking about 40 minutes, such as, going through the victim’s talking about the e-car driver’s seat; and (c) taking the victim’s taxi business by force.

2. The Defendant interfered with the performance of official duties at around 00:43 of the foregoing day, after receiving a report from D at the same place, listens to the words that he was under the influence of alcohol from the police slope G belonging to the F District Station of the Cheongju Police Station F District of the Cheongju Police Station, and return to the said G, and is not subject to the report on the Chewing why he would have received;

Madchch fluor

“Abruting”, the chest of the above G was tightly pushed back once, the chest of H was tightly pushed down four times with the shoulder, and the head was boomed once.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to arrest and report cases;

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 public duties) and the choice of imprisonment for each 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing in Article 62-2 of the Social Service Order Criminal Act, crimes 1 (Obstruction of Duties) [Scope of Recommendations] committed in violation of Article 62-1 of the Act on the Punishment of Social Service and the Act on the Punishment of Specific Crimes (Interference with Duties) committed in violation of Article 62-2, which have no basic area (from June to June 1) [the scope of recommendations] [the scope of recommendations] committed in violation of Article 2 of the Act on the Punishment of Specific Crimes (Interference with Duties] committed in violation of Article 62-2 of the Act on the Punishment of Social Service and the Act on the Punishment of Specific Crimes (Interference with Duties)] committed in cases where the degree of assault, intimidation, and deceptive scheme is minor, or multiple public officials who suffered damage (one type).

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