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(영문) 청주지방법원 2017.09.28 2017고단1060
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. Around May 3, 2017, the Defendant: (a) stated that, while drinking alcohol at a “D” restaurant operated by the Victim C in the Cheongju-si Office B on May 3, 2017, the Defendant: (b) expressed the victim’s children E expressed that it is difficult for E to remain 4 minutes of business hours; (c) expressed the victim’s desire to read “this brings, and this brings,” and interfered with the victim’s restaurant business by force, such as having the victim, etc., who franked on the Defendant’s table and carried in the instant restaurant; and (d) having the victim, etc., was frighted with the victim’s restaurant business by force.

2. The Defendant interfered with the performance of official duties at the same time, at the same place, and at the same time and place, while interfering with the business of the victimized person’s restaurant, and called “the Defendant became aware of it” to G in the circumstances belonging to the Cheongju District Police Station F District forces of the Cheongju District Police Station requesting the Defendant to leave the above restaurant. The Defendant continuously assaulted G by continuously avoiding disturbance to arrest the Defendant as a current offender interfering with the Defendant’s business, thereby spiting off the face of the defective G that he intends to board on the patrol.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the notification processing and arrest of the police officer in the act of committing a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Ethical letters;

1. Application of Acts and subordinate statutes to arrest and report cases;

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, 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. The second crime for which there is no basic area (from June to one year and six months) (the person subject to special sentencing) (the scope of recommendation) of the basic area (from June to one year and six months) (the person subject to special sentencing) for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act (the scope of recommendation) (the scope of punishment).

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