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(영문) 대전지방법원 2016.06.22 2016고단130
업무방해등
Text

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

Reasons

Punishment of the crime

[Criminal record] On December 20, 2013, the Defendant was sentenced to a suspended sentence of three years of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Daejeon District Court on the grounds of a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) and the judgment became final and conclusive

[Criminal facts]

1. On December 9, 2015, the Defendant interfered with the duties of the Defendant interfered with the business of the victim’s restaurant by force for three hours, such as drinking at the E restaurant operated by the victim D on the second floor of the Jung-gu Daejeon Daejeon Building C, and drinking to the victim without any special reason, and drinking to the customers, and drinking to the customers, etc.

2. On December 9, 2015, the Defendant interfered with the performance of official duties, at around 04:35, and upon receiving a report at the same place as the preceding paragraph, and received a demand from an slope G belonging to the F District of the Daejeon Police Station, the Defendant, by hand, interfered with the Defendant’s legitimate performance of duties concerning the protection of the victim’s interference with the duty of the said police officer, by making two instances of his body, such as the head, arms, and arms of the said police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of H and D;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment, etc.);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the obstruction of business, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the choice of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

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

(a) A Class 1 crime (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties), where the extent of violence, intimidation, or deceptive scheme is minor, is minor in the mitigation area (one month to eight months), which is the mitigated area (Interference with Execution of Official Duties);

B. Part 2 Crimes (Obstruction of Duties) (Scope of Recommendation) interference with the affairs (Scope of Duties) are limited to the extent of the power, deceptive scheme, or the degree of interference with duties, which is minor, in the area of special mitigation (one month to eight months).

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