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(영문) 대전지방법원 2014.04.17 2014고단533
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 February 8, 2014, at around 02:20 on February 8, 2014, the Defendant interfered with the business affairs of the restaurant business by force, the Defendant, while under the influence of alcohol, took a bath to employees F with the larger bit of “Chewing, bit of bitch,” and obstructed the business affairs of the restaurant by avoiding disturbance, such as paying time to other customers.

2. When the Defendant recommended a police officer slope H, etc. belonging to the Daejeon East Police Station G District District, Daejeon Police Station G District, which was dispatched upon receiving the above report, to stop the Defendant and return home, the Defendant expressed his desire to “I am fright, bitch, bitch bitch, bitch bitch, bitch bitch bitch bitch bitch bitch bitch bitch bitch, bitar, nit son, etc., and interfere with the police officer’s legitimate execution of duties.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements to F and H;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime

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. The reasons for the sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [the scope of recommendations for the crimes of obstruction of performance of official duties] With respect to concurrent crimes under the former part of Article 37 of the Criminal Act between the crimes for which the sentencing guidelines are set (the application of multiple sentencing standards] and the crimes for which the sentencing guidelines are not set (the crime of obstruction of performance of official duties) and the crimes for which the sentencing guidelines are not set, the lower limit shall be set according to the lower limit of the sentencing range set on the sentencing guidelines for the crimes for which the sentencing guidelines are set.

[Decision of Sentence] 6 months of imprisonment, 2 years of suspended execution, Defendant reflects his mistake, and this case.

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