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(영문) 대전지방법원 천안지원 2019.08.29 2019고단1393
업무방해등
Text

A defendant shall be punished by imprisonment for not less than nine 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 16, 2019, at around 23:50 on May 16, 2019, the Defendant obstructed the victim’s main business by force for approximately 15 minutes, such as bringing the victim’s horse to the victim who heard the victim’s horse that he/she is obliged to pay the drinking value in advance from “D” operated by the victim C, Nam-gu, Dong-gu, Dong-gu, Dong-gu, Seoul, and pushing the victim who restrains it into two descendants.

2. At around 00:10 on May 17, 2019, the Defendant obstructed police officials’ legitimate execution of duties regarding the handling of the 1112 reported case by assaulting F, who was dispatched to the same place as the above paragraph (1) and received 112 reports, and heard the statement about the circumstances of the instant case from the said paragraph (1) C, referring to “whether he would be fighting well” to F, who was in the position of the Yannam Police Station E-gu, Chungcheongnamnam Police Station E-gu, Seoul, to “picker,” and f, who was sealed by both hand, sealed the F’s body and f, with the left hand and twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of C and G;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes on site photographs and CCTV images;

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. 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 crime (Interference with Business) [Decision of Sentencing] Interference with Business (Type 1] Obstruction (Special Convict) : Reduction element of Punishment (including serious efforts for recovery of damage) ; Reduction range of Punishment (including the recommended field and recommendation range); and

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