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(영문) 대전지방법원 서산지원 2017.11.16 2017고단756
업무방해등
Text

1. The punishment of the defendant shall be determined by six months;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On September 8, 2017, at the main point of “D” operated by the victim C in Jin-si, Jin-si, the Defendant, without any reason, took a bath to the victim, such as “years”, without drinking drinking together with his/her friendship, and had the victim engage in a threatening behavior as if he/she would be at the victim’s time. The Defendant, who was unable to perform his/her duties, frightd with his/her tables, she left the room.

Accordingly, the defendant interfered with the victim's main role operation by force.

2. Around 22:05 on the same day, the Defendant: (a) received a report on the disturbance 112 on the same day; and (b) the police officer affiliated with the Chungcheongnam-gu Police Station, Chungcheongnam-gu, Chungcheongnam-gu, who was called out, expressed a bath to ask the Defendant for his personal information; and (c) assaulted the Defendant at one time the E-line on a drinking basis.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes, public peace and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. C’s statement;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 314(1) of the Criminal Act (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties)

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. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Act on the Suspension of Execution are as follows: 1 Crimes (Obstruction of Execution of Official Duties) for the reasons for sentencing [the scope of the recommended sentence] 2 Crimes (Obstruction of Duties) for the basic area (from June to June 1) (the scope of the recommended punishment) for the category 1 (Interference with Duties) for the mitigated area (including special mitigation for January to August 8) for the mitigated area (including serious efforts for recovery of damage): The final sentencing scope for the mitigated area for the multiple crimes: 6 to January 10 (the decision of sentencing) for six months; 6 to October 10 [the decision of sentence] but there is no special agreement with the victim C; 1. There is no previous conviction for the excessive injury; 2. There are various kinds of crimes such as the Defendant’s age, behavior, environment, etc.

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