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(영문) 대전지방법원 천안지원 2016.03.10 2014고단1114
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

(b) it was difficult to avoid disturbance, such as pressing the above staff;

Accordingly, the Defendant interfered with the victim's hospital treatment by force for about 20 minutes.

2. Around 15:40 on the same day as indicated in the preceding paragraph, the Defendant: (a) at the above hospital, the Defendant, as described above, threatened with the disturbance by taking a bath, etc.; (b) was requested by a police box in the Yananannam Police Station of the Yanananannam Police Station to verify personal information from a private person G (37 37 cm) at the police box affiliated with the 112 reported and called the victim; (c) was subject to the victim’s desire to “a police officer’s chrone, a police officer’s flab may brue, a police officer’s flab, and a flab may die if one of the flabs,” thereby threatening the victim’s body as if he were harming the victim’s body; and (d) the victim’s flab by taking a bridge, thereby falling off the part

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 examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (reports on previous convictions and results of confirmation of such previous convictions, and personal identifications and confinements);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 314(1) (a) and 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act concerning the selection of punishment, and imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes. (Interconnection between the previous crimes in judgment and each of the above crimes);

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. Reasons for sentencing under Article 53 and Article 55(1)3 ( considered in favorable sentencing) of the Criminal Act for the reduction of the amount of punishment are concurrent crimes with the obstruction of business operations for which the sentencing guidelines are not set.* In the case of interference with the performance of official duties, the sentencing guidelines, which is a special aggravated offender of the same kind, may be applied to the aggravated area (1 year to 4 years), the aggravated area (i.e., interference with the performance of official duties and coercion of duties) (i., interference with the performance of official duties).* The sentencing guidelines, which is a repeated offender of the same kind of special aggravated person, are determined in consideration of the above circumstances and the defendant’s age, sex behavior, and circumstances after the crime.

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