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(영문) 대전지방법원 논산지원 2017.12.22 2017고단615
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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. The Defendant who interfered with his/her business is not suitable for the victim C (V, 21 years old) at the D restaurant where he/she works for the victim C (V, 21 years old) from September 22, 2017 to September 14:00 of the same day.

The victim spits spit on the table, and spits spite the glass cup on the table, and spits spite the glass cup on the table, and obstructed the victim's main business by force for about one hour by avoiding disturbance, and obstructing the victim's main business.

2. On September 22, 2017, the Defendant interfered with the performance of official duties: (a) reported to 112 a taxi engineer in front of the F Mart located in E on the front of the 14:38 Masan City, on the road in front of the F Mart; and (b) reported to 112 at the site; (c) “A taxi refuses to take a taxi;” and (d) the said H called “matters related to the refusal to take a taxi,” and the said H said H called “a son who was reported to see for viewing,” and tried to return to the taxi on the patrol.

At the time of the report, the drawer stated that it would be dark for the report, and the h was assaulted by putting the door of the patrol car and preventing the patrol car from departing from the patrol car, and keeping the above H from this to the patrol car.

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. Statement made by the police with H;

1. C’s statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

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. Type 1 (Obstruction of Execution of Official Duties) of the Reasons for the Sentencing of Article 62-2 of the Criminal Code of the Social Service Order (Obstruction of Execution of Official Duties) (Scope of Recommendation) shall interfere with the performance of Official Duties.

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