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(영문) 대구지방법원 김천지원 2015.04.22 2014고단612
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 2, 2014, from around 01:30 to 03:00 on the same day, the Defendant obstructed the victim’s main operation work for about one hour and 30 minutes by force, such as: (a) from the offline of the victim’s D operation in Gumisi; (b) from the so-called “E”); (c) under the influence of alcohol, the Defendant dump, ging employees with a view to drinking expenses; (d) the Defendant dump, evokeing other customers with a large amount of desire; and (e) the Defendant dumping the alcohol disease on the customer; and (e) the Defendant obstructed the victim’s main operation work for about one hour and thirty minutes.

2. The Defendant was arrested as a flagrant offender in the crime of interference with business to the police officers dispatched after receiving 112 report while avoiding disturbance at the time and place stipulated in paragraph (1) of the same Article, and was transferred to the detention room for the police box of the old and American police station located in F.

At around 03:30 on the same day, the Defendant continued to 03:30 on the same day, and took a bath to police officers while drunking a disturbance, and demanded the police officer affiliated with the above police box to “I ambbbbbbbs” to called “I ambbs on the toilet. He ambbs on the left left side of H, and so I ambbbs so far.”

As a result, the suspect interfered with the legitimate execution of duties concerning the police officer's internal service and the management of detention room.

Summary of Evidence

1. Statement of the accused in the fifth trial records;

1. Examination protocol of the accused by prosecution;

1. The prosecutor's statement concerning H;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to an investigation report (Submission of a medical certificate by a police officer H) and a medical opinion;

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

1. former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes as provided for in the crime of interference with business heavier than the hostage)

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Application of the sentencing criteria;

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