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(영문) 대구지방법원 2016.05.24 2016고단1735
업무방해등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 22, 2016, the Defendant obstructed the victim’s restaurant business by force over about 30 minutes, such as avoiding disturbance, at the “E” restaurant operated by the victim D in Daegu Suwon-gu, Daegu-gu, and at the time of the Defendant’s participation, the Defendant expressed that “I will knife the victim and knife the building knife, so knife the building knife” and interfered with the victim’s restaurant business by force.

2. The Defendant assaulted the victim F (42 years of age) on one occasion by drinking the Defendant at the same time and at the same time and place as the above 1. Statement.

3. At the same time and place as the above 1. Paragraph 1., the Defendant interfered with the performance of official duties, upon receiving a report from 112 that the Defendant frighted the fright at the time and place as described in the above 1. paragraph 1. H to the head of the Suwon Police Station G District of the Suwon Police Station “this fright, fright away,

“In doing a bath theory, the bat of the above H with bather bat, and assaulted with spathers.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention of crimes and criminal investigations by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and F;

1. A written statement of D;

1. Application of investigation reports, photographs, certificates of employment, and statutes governing the place of service;

1. Article 314 (1) of the Criminal Act (the point of interference with business), Article 260 (1) of the Criminal Act (the point of violence) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of the recommended punishment according to the sentencing guidelines - The basic area of crimes - No. 1 (Obstruction of Duties) (Obstruction of Duties) (No. 6 months to 1 year and 6 months) in the basic area of crimes - No. 2 (Obstruction of Performance of Official Duties) (Scope of the recommended punishment) (Obstruction of Execution of Official Duties) shall be the basic area of crimes - No. 1 (Obstruction of Execution of Official Duties) in the basic area of crimes - No. 1 (Obstruction of Execution of Official Duties from 6 months to 4 months).

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