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(영문) 창원지방법원통영지원 2020.12.23 2020고단1097
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Around 01:00 on May 19, 2020, the Defendant interfered with his duties: (a) while drinking alcohol at D’s drinking house operated by the Victim C (hereinafter “D”) who was under the influence of alcohol, the Defendant obstructed the Defendant’s drinking business by force by avoiding disturbance for about 30 minutes on the ground that the victim did not go to the Defendant’s table; (b) he saw the victim, etc.; and (c) expressed the victim, etc. with the desire to talk; and (d) even after the police officer was dispatched, the Defendant interfered with the Defendant’s drinking business by force.

2. The defendant of the obstruction of performance of official duties is required to leave a slope F (main, 32 years old) belonging to the Gyeongnam Police Station E zone called out after receiving 112 report while avoiding disturbance at the time and place specified in paragraph (1).

Cheong-man assaulted the F F, “Y Y Y Y Y f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each police protocol to F and C

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. 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 of imprisonment

(b) Class 2 Crimes (Interference with Business) [Determination of Sentencing] Obstruction of Business Affairs (Type 1] Obstruction of Business Affairs (Special Convicts): Damage to Members of the Punishment Committee.

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