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(영문) 전주지방법원 정읍지원 2017.05.18 2016고단608
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. From 22:20 on December 5, 2016 to 23:20 on December 5, 2016, the Defendant interfered with his duties: (a) in the “D’s operation” of the Victim C located in Jung-Eup-si, under the influence of alcohol, the monitor placed in the carcter with the view to drop the floor; and (b) the beer, which was placed on the floor of the said place, in his hand, exceeds the beer’s hand; and (c) the Victim is not able to dispose of the width and knife from the front Eup floor; and (d) the Victim is not able to dispose of the width and knife from the front Eup.

“Along with a large voice, customers who sing in a singing room to feel uneasy by, for example, engaging in a voice, etc., and prevented customers from entering a singing room, thereby obstructing the victim’s singing business by force.

2. 공무집행 방해 피고인은 2016. 12. 5. 23:40 경 제 1 항 기재 장소에서 소란을 피우던 중 주 취 자 신고를 받고 현장에 출동한 정읍 경찰서 E 지구대 소속 경위 F으로부터 제지를 당하자 위 F에게 “ 야 이 새끼야, 너는 뭐 여, 네 가 빽이 있냐!

B. The Bab "Woo Doz. Doz." used the balbbbbbbb by hand, and used the bals of the F, thereby breaking it.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes on police statements made to F, C, and G;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in the main sentence of Article 62-2 of the Criminal Act, Article 59(1) of the Act on the Protection, Observation, etc. of Social Service Order is that the Defendant’s disturbance within the main place and interfered with his business, and that the nature of the crime is not weak by exercising violence against the police officer dispatched after receiving a report, and that the victim’s intent of punishment is maintained.

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