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(영문) 대구지방법원 2018.09.13 2017고단7238
업무방해등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal records] On July 7, 2017, the Defendant was sentenced to one year of imprisonment for a crime of obstructing the performance of official duties by the Daegu District Court, and completed the execution of the sentence on August 28, 2017.

[Criminal facts]

1. On December 4, 2017, the defendant who interferes with his/her duties is deemed to have lost a bankbook while being drunk in the state of being drunk in the victim C, operated by the victim C in Daegu Northern-gu, Daegu, Seoul, on December 4, 2017

In order to avoid disturbance, it interfered with the main business by gathering the dispute that had been in the knife and the knife and taking the bath to the customers.

2. Interference with performing public duties;

A. On December 5, 2017, around 00:20, the Defendant: (a) committed several assaults, on the road in front of the F station located in Daegu Northern-gu, Daegu Northern-gu, on the ground that the Defendant: (b) was going to the nearby district, such as police officers G, H, etc. on the patrol vehicle, which was called up after having received 112 reports; (c) on the ground that H responded to the Defendant’s questioning instead of G on the ground that he responded to said questioning, the Defendant committed several assaults, such as kiding the left part of G’s left part by hand.

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

B. The Defendant, at around 00:25 on the same day, committed assault, such as threatening to threaten G by putting any person in the J District located in Daegu Northern-gu I, Daegu-gu, as he saw G, and putting the cell phone used in his hand into G.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written statement prepared in C;

1. Report on internal investigation (the details of arrest of the suspected victim and the attachment, etc. of photographs of the body of the victim) and investigation report (the investigation into terrestrial CCTV);

1. Previous convictions: Inquiries about criminal history and investigation reports (Attachment of criminal records of the same kind of criminal suspect and confirmation of repeated crimes);

1. Relevant legal provisions 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 official duties) and Article 136(1) of the Criminal Act, and the choice of imprisonment with labor.

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