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(영문) 청주지방법원 2017.02.16 2016고단2880
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On March 24, 2016, the Defendant was sentenced to six months of imprisonment by the Cheongju District Court for interference with the execution of official duties, etc., and completed the execution of the sentence in the Cheongju prison on July 5, 2016.

1. On December 17, 2016, at around 23:50 on December 17, 2016, the Defendant interfering with his business: (a) whether “E” restaurant operated by the victim D D in the petition-gu C may cause tobacco to the victim without any reason under the influence of alcohol; and (b) at any time, the Defendant may cause tobacco to death;

Freging, greging, ginging a greged, this greging, and noise, etc., which interfered with the victim’s restaurant business by force.

2. On December 18, 2016, the Defendant obstructed the performance of official duties, at around 00:55, the Defendant continued to take a bath while being investigated for suspicion of interference, etc. with the above duties at the G District District of the police station in the Chungcheongbuk-gu, Cheongju-si, Cheongju-si, G District of the police station in the Chungcheongbuk-gu, Cheongju-si, which was located in F, and Ha was assaulted by the Defendant for the Defendant “ soon” and the Defendant’s Hadbbbbbbbing on the left side of the H, one time to walk.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the investigation of crimes and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D, H, and I;

1. A investigation report (Attachment of a photograph to theCCTV image) and a damaged photograph;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (power of suspect repeated crime);

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of obstructing the performance of official duties by force), Article 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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Where the degree of assault, intimidation, and deceptive scheme is minor for the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for concurrent crimes, Article 1 (Obstruction of Execution of Official Duties) for the reason for sentencing of Article 38 (1) 2, Article 50 (Scope of Recommendation) [Article 1 (Obstruction of Execution of Official Duties and Compelling Performance of Duties] for the mitigation area (one month to eight months), for the mitigation area (special mitigation (special mitigation), / Two crimes for the same repeated crime (Obstruction of Duties).

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