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(영문) 대전지방법원 천안지원 2016.03.31 2015고단2256
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 2, 2015, the Defendant obstructed the victim’s restaurant business by force, such as: (a) the victim C’s “D” restaurant operated in Nam-gu, Nam-gu, Nam-gu, Nam-gu; (b) the victim C’s talking without any justifiable reason; and (c) the sound was frightening; and (d) the other customers, who had been located therein, get out of the restaurant business.

2. Around 20:35 on the same day, the Defendant: (a) demanded the Defendant to return home to the said restaurant after ascertaining the circumstances of the instant case, etc., by having been dispatched to the scene after having received a report of 112 at the said place; (b) however, the Defendant: (c) demanded the Defendant to leave the said restaurant without complying therewith; and (d) demanded the said F to restrain the Defendant, and (e) took a bath to “a person who is subject to detention,” and (e) knee, knee, knee-fbbbbbbbbbbbs for the above F’s right-hand part of the police officer’s 112 report

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the F in the statement of the police officer;

1. C Application of Acts and subordinate statutes described in C’s written self-performance;

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. 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. Grounds for sentencing under Article 62(1) of the Criminal Act (including the circumstances favorable to the following grounds for sentencing);

1. The scope of punishment by law: Imprisonment for not less than one month but not more than seven years and not more than six months;

2. The scope of the recommended punishment according to the sentencing guidelines is limited to the crimes that interfere with the business (the type of decision), the crimes that interfere with the business (the person subject to special sentencing) and no interference [the scope of the recommended punishment] [the person subject to special sentencing] [the person subject to special sentencing] shall be punished by imprisonment with prison labor for not less than six months but not more than one year and six months [the person subject to interference with the performance of official duties] [the person subject to special sentencing] in the crimes that interfere with the performance of official duties, and the one type [the person subject to special sentencing]

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