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(영문) 대전지방법원 홍성지원 2018.08.07 2018고단422
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 May 20, 2018, the Defendant: (a) around 01:50 on May 20, 2018, the Defendant: (b) was able to avoid disturbance for about 10 minutes, such as being drunk from “E operated by the victim D, which is located in Chungcheongnam-gun budget-gun; (c) taking hand, booming another customer in his/her place; (d) booming the victim, booming him/her; and (d) booming him/her of the profits used by him/her on the floor.

Accordingly, the defendant interfered with the victim's main business by force.

2. The Defendant interfered with the performance of official duties at the time and place described in paragraph 1, and at the place described in paragraph 1, “A guest is suffering from disturbance,” the horse G belonging to the G G of the F District of the Chungcheongnam-nam Police Station in the Chungcheongnam-nam Budget Police Station, which was called after receiving a report, heard the above D’s statements and judged that there was a suspicion of interference with the Defendant’s business, and told the Defendant to inform the Defendant of his personal information, etc., the Defendant made the back part of G on his own hand

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Each police statement of H and I;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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. In full view of the following circumstances under the protection and observation and the reasons for sentencing under Article 62-2 of the Social Service Order Act, and the Defendant’s age, sex, environment, circumstances before and after the instant crime, the circumstances before and after the instant crime, and the circumstances of the crime, etc., the sentence as ordered shall be determined.

Unfavorable circumstances: The defendant led to the fall of fraud by interfering with the legitimate execution of duties by police officers, and the circumstances that are favorable to the fact that there are several records of punishment due to interference with duties or violence: The defendant led to the confession of and reflect against the crime.

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