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(영문) 대구지방법원 2019.06.20 2019고단1757
업무방해등
Text

A defendant shall be punished by imprisonment for 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 April 1, 2019, around 22:50, the Defendant obstructed the victim’s convenience store business by exercising influence over 40 minutes, on the ground that the victim C (here, 47 years of age) in Daegu Northern-gu B (here, he/she) demanded the settlement of the price, and on the ground that the victim demanded the settlement of the price, the Defendant continued to engage in the victim’s convenience store business.

2. At around 23:40 on the same day, the Defendant interfered with the performance of official duties, at the same place, and at the same time, committed violence by assaulting the police officer by means of the following: (a) the police officer belonging to the Daegu Northern Police Station D District Unit of the Daegu Northern Police Station, who was called upon 112, to identify the Defendant; (b) the police officer was able to identify the Defendant; (c) the head of the above E; (d) the head of the above E; and (e) the right hand hand, thereby obstructing the police officer

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. Application of statutes governing the place of work;

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

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 recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Determination of Types of Interference with Business) [No one] Interference with Business (Type 1] [No person who is a special person] [the scope of the recommendation field and recommendation range] basic area, imprisonment with prison labor for six months to one year and six months;

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

(c) Scope of recommendations according to the standards for handling multiple crimes: Six to two years of imprisonment (the maximum of crimes No. 2).

2. Determination of sentence: Six months of imprisonment; and

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