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(영문) 창원지방법원 2016.07.13 2016고단969
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 14, 2016, the Defendant: (a) at the main point operated by the Victim C (I, I, 56 years of age) who was in Changwon-si on March 14, 2016, would drink mixedly; and (b) would have the victim “I, I, I, Ha, C, I, and I, who will sit in ice, I, and I, why I, pay money.”

From around 22:05 to 22:05 on the same day, it interfered with the victim’s main duties by force for about 55 minutes, such as bringing the disturbance to other customers, such as “police d' and raising the disturbance to other customers.”

2. On March 14, 2016, the Defendant interfered with the performance of official duties at the above main station, around 22:05, the Defendant obstructed the police officer’s legitimate performance of duties concerning the handling of the reported case by assaulting the police officer’s 112 report by assaulting the following: (a) the police officer’s ice-like ice Ha, Nin Ha, C, C, and C, upon the police officer’s request for reimbursement of drinking value and returning home; and (b) the Defendant demanded reimbursement of drinking value and returning home.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to C and E;

1. Relevant Article 314 of the Criminal Act, Articles 314 (1) and 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor 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 scope of final sentencing for the sentencing of Article 62(1) of the Criminal Act on the grounds of the suspended sentence is as follows: the scope of punishment for multiple crimes resulting from the aggravation of punishment [including a person who has been specially mitigated] [including a serious effort to recover damage] of the mitigated sentence] of the mitigated area (including a person who has been engaged in special mitigation] of the mitigated area (including a serious effort to recover damage) of the mitigated area] of the mitigated area (including a decision of sentencing] of the punishment for six months to eight years (the decision of sentencing), the age, nature, and nature of the defendant as follows, the age of the defendant, and the defendant.

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