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(영문) 대구지방법원 서부지원 2017.03.16 2016고단2645
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 5, 2016, from around 01:15 to around 01:40, the Defendant: (a) was drunk in a “D” restaurant operated by the victim C, Daegu Seo-gu, Seo-gu, Seo-gu; (b) was bread by drinking in a “D” restaurant operated by the victim C; (c) was engaged in the said restaurant’s employees; (d) was tightly engaged in the said restaurant; and (e) was tightly engaged in the said restaurant’s entrance; and (e) the Defendant was exposed to panty by getting off panty.

Accordingly, the defendant, by force, interfered with the victim's restaurant business and publicly commits obscene acts.

2. The Defendant who interfered with the performance of official duties is off from the place described in No. 1 at around November 5, 2016, and is off from the place described in No. 1 at around 01:40.

“F, a police officer belonging to the police station E District of Daegu, Daegu, who was called upon the report of 112, was tried to listen to the circumstances of the instant case from the said restaurant proprietor and the Defendant, and assaulted the F’s chest by her hand with his hand and with his hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement with respect to C and F;

1. Application of the investigation report (on-site CCTV analysis), a copy of the work site, to statutes;

1. Relevant legal provisions of the Criminal Act, Articles 314(1) (a) and 245 (a point of public performance obscenity), Article 136(1) (a) (a point of interference with the performance of public duties) of the Criminal Act, the choice of imprisonment for the crime, and the choice of punishment;

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. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. 양형기준 ▣ 업무 방해 [ 권고 형의 범위] 업무 방해 > 제 1 유형( 업무 방해) > 감경영역 (1 월 ~8 월) [ 특별 감경 인자] 처벌 불원( 피해 회복을 위한 진지한 노력 포함) ▣ 공무집행 방해 [ 권고 형의 범위]...

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