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(영문) 대구지방법원 김천지원 2018.06.20 2018고단357
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 26, 2018, the Defendant obstructed the victim’s convenience store business by force by entering the E convenience store operated by the victim D in Gumi-si on March 23:30, 2018, where he was under the influence of the victim D, by inserting coffee into the bottom of the coffee and cutting it down by hand to the table, and throw it down to the outside customer who is seated by another customer.

2. On March 27, 2018, the Defendant: (a) reported on March 27, 2018, at the place specified in paragraph (1) of this Article, that “the sound disputing the destruction of goods” was frighting; (b) received a report, and received a recommendation from the police officer affiliated with the police box of the former police station, for returning home from G, he saw him to the said G; (c) took a bath for him; and (d) took a sway on the sway, walking his bridge, walking his leg, and pushed his chest with his hand, and boomed his chest.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Image photographs of each convenience store, each on-site photograph, and photograph of a black stuff image;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article 314 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the 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. The main sentence of Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Type 1 (Interference with the performance of official duties and coercion of duties) is the basic area (six months to one year and six months) of interference with the performance of official duties (the scope of recommended punishment)

2. Any one-month reduction area (one-eight months to eight-month) (including special mitigation persons), a person not subject to punishment (including a serious effort to recover damage) in the area of reduction, in which the person concerned interferes with his/her duties (the scope of recommended punishment).

3. Six months from one year to ten months from the end of the sentence due to the aggravation of multiple offenses.

4. Crimes of violence, previous convictions and convenience points twice in the rulings of sentence; and

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