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(영문) 대구지방법원 김천지원 2016.04.28 2016고단140
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. On February 2, 2016, from around 21:30 to 22:00, the Defendant: (a) while drinking alcohol at a “D” restaurant operated by the Victim C (48 tax) located in Kimcheon-si, Kimcheon-si; (b) on the ground that the victim told the Defendant that “I would go to the restaurant because I would go to the restaurant, I would go to go to the restaurant.”, the Defendant was hicking the disease on the floor of the troke, and hicking the victim “I would sing and sing down.”

“Absing the public bath and walking the smoked shot in the above restaurant, etc., they were unable to avoid the disturbance.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

2. On February 2, 2016, at the same place as the preceding paragraph, at around 22:20 on February 2, 2016, the Defendant obstructed the performance of official duties, as in the preceding paragraph, and as in the preceding paragraph, committed assault by F and Gmanman on the part of the police box affiliated with the Kimcheon Police Station E commander of Kimcheon-gu Police Station, who was called out after having received a report by the Defendant to avoid disturbance, to invalid to the Defendant, and to take the Defendant out of the restaurant, to see the defect that he want to take the Defendant out of the restaurant, and to see the franch of the above F, which

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Application of Acts and subordinate statutes to field photographs and patrolmen;

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, Article 38 (1) 2, and Article 50 of the said Act (an aggravated punishment for concurrent crimes against a person who interferes with heavier business affairs);

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. From one month to seven years and six months of imprisonment with prison labor within the applicable sentencing range by law; and

2. Application of the sentencing criteria;

A. Type 1 (Interference with and Forced Performance of Official Duties) (Scope of Recommendations) interferes with the performance of official duties (decisions) from six months to six months.

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