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(영문) 대전지방법원 천안지원 2020.05.08 2020고단149
업무방해등
Text

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

except that 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. On December 25, 2019, at around 08:00, the Defendant interfered with the business, at the C restaurant located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon, the Defendant obstructed the Defendant’s restaurant business of the victim D, who is an employee by force, by avoiding disturbance, such as debrising the drinking disease on the table of about 20 minutes of the drinking while drinking by hand, by cutting off the floor of the container by hand, and neglecting the customer’s restaurant business by leaving the said restaurant.

2. The Defendant, at the time and place indicated in the preceding clause of the obstruction of performance of official duties, expressed a desire to present an identification card to the above F, who was requested by the police officer F to present an identification card from the E District of the YY of the astronomical Police Station E District to the site after receiving a report on the date and time and place of the preceding clause of the same performance of official duties, and when G to the circumstances in which the said earth belongs requests to inform him of the authenticity and personal information, the Defendant assaulted the F, “I am well flicker and I am a gymnasium.”

Accordingly, the defendant assaulted police officers who perform their duties on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. D's self-written statements;

1. Application of the Acts and subordinate statutes to the photograph of the case, each 112 reported case list, and the investigation report (related to CCTV at the case site);

1. Relevant Article 136(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of official duties and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;

(b) Class 2 crime (Interference with Business) (Determination of a type) interference with business.

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