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(영문) 대전지방법원 천안지원 2018.06.11 2017고단2702
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be deferred for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 4, 2017, the Defendant: (a) obstructed the victim’s main business by force, such as: (b) forcing the victim’s victim C (n.e., 53 years of age) located in Nam-gu, Nam-gu, Nam-gu, Seoul; (c) forcing the victim who was located in the ice test to put the victim’s body in the ice test; and (d) failing to remove the victim from E, the said main customer; and (e) taking the alcohol disease on the floor; and (e) taking about about 30 minutes of pedago, such as taking the victim’s main business by force.

2. On November 4, 2017, at the same place as Paragraph 1, at around 22:35, the Defendant: (a) committed an assault, such as the Defendant, at the same time as Paragraph 1, on the 22:35, at the place where he was reported and called 112, the Defendant was at the slope G belonging to the Donannam Police Station, a slope H, and a slope H, in his hand, shaking G’s breath; and (b) assaulted the left-hand buckbucks of H on two occasions.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (H and G);

1. Written statements (C);

1. Application of the Acts and subordinate statutes to field photographs and photographs of police officers dispatched;

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of imprisonment with prison labor chosen;

1. The scope of sentencing recommended by the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act on the grounds of the suspended sentence shall be limited to the sentencing range for the first crime [the scope of recommending a person to be subject to special sentencing] in the basic area (from June to one year and six months) [the scope of recommending a person to be subject to special sentencing] [the scope of recommending a person to be subject to special sentencing]] in the basic area (from June to one year and six months), (the scope of recommending a person to be subject to special sentencing] (the scope of obstructing the performance of official duties] in the basic area (from June to one year and six months): the final sentencing range for the aggravated punishment (the person subject to special sentencing] in six months to two years: the decision of sentencing for the six months: the background of the instant crime, the method and degree of obstructing the performance of duties, the degree of violence to police officers, the degree of criminal punishment against the defendant, etc.

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