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(영문) 수원지방법원 평택지원 2017.06.26 2017고단284
업무방해등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 1, 2017, at around 22:00, the Defendant: (a) obstructed the Defendant, at the main point of “D” in the victim C’s operation in Pyeongtaek-si B; (b) took a breath by drinking alcohol; and (c) caused customers to go to the restaurant by avoiding disturbances for about one hour and twenty (20) minutes; and (d) had the fluencing of ineculation on the floor.

Accordingly, the Defendant interfered with the victim's operation of the restaurant by force.

2. The Defendant interfered with the performance of official duties, at the time, at the time, at the place specified in paragraph 1, and at the same time and place as above, when 112 was reported and confirmed the identity of the Defendant as a police officer belonging to the Pyeongtaek-gu Police Station E District, who was called out to the said place, caused the Defendant to die and find him/her guilty, and when he/she saw him/her one time as a drinking with the clothes of the above F.

Accordingly, the defendant assaulted a police officer who was performing legitimate duties concerning the handling of 112 reports, thereby hindering the performance of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of C’s written laws and regulations

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order (within the scope of recommended sentence guidelines);

1. Application of the sentencing criteria;

(a) Category 1 (Interference with Duties) interference with the execution of official duties in the basic area ( June - 1 June - June) of Category 1 (Interference with Duties) (in January - 8) interference with the execution of official duties;

(b) Scope of final sentence due to the aggravation of multiple offenses: June -1 January;

2. The defendant has no record of punishment exceeding the same power and fine, the degree of violence that interferes with the execution of official duties is not serious, the victim of the business does not want the punishment of the defendant, the circumstances of the crime in this case, and the defendant's seal.

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