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(영문) 대구지방법원 2017.06.15 2017고단1806
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 12, 2017, the Defendant, at around 00:20 on March 12, 2017, expressed the victim’s desire to “I am under the influence of alcohol with the victim that she was under the influence of alcohol after getting on and departing from the victim E(50 years of age) drivef straw, and that “I am under the influence of alcohol, she does not have to do so, she will see she will see she she with her view to her fee,” and the victim was unable to drive the said taxi by continuing to take a bath without getting off from the said taxi from around 00:30 on the same day.

Accordingly, the defendant interfered with the victim's taxi business by force.

2. The Defendant interfered with the performance of official duties at the time and at the place specified in paragraph 1, and at the time and place, and received a request for returning home from H, who is a public official belonging to the police officer of the Daegu Water Station G District Police Station, and the Defendant died of chrone at any time.

“At the time of drinking H’s chests at least twice while bringing a bath to “.”

As a result, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made to H and E;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines for the crime No. 1 (Interference with the Execution of Official Duties) is limited to the degree of interference with the execution of official duties, and the degree of force and deceptive scheme, which is the mitigated area (one month to eight months) (one year to six months) of the basic area (any person subject to special sentencing) [the scope of the recommended punishment] of the crime No. 2 (Interference with the Performance of Duties] of the mitigated area (one month to eight months).

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