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(영문) 창원지방법원 통영지원 2016.03.09 2015고단1270
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Around December 5, 2015, the Defendant obstructed the victim’s entertainment shop business by force, and obstructed the victim’s entertainment shop business by force. Around December 22:05, 2015, the Defendant obstructed the victim’s disturbance, such as: (a) within the room No. 5 studs of the victim D’s operation E, and (b) the victim demanded the drinking value from the victim; (c) and (d) walking the beer and the beer, on the table of the table; and (e) walking the beer and the beer’s beer’s beer’s beer’s beer

2. The Defendant, at the above date, at the place, and at the same time, was asked questions concerning the personal information and the reasons for failure to pay the alcohol value from the border belonging to the F police station in the Tong-gu Police Station, who was dispatched to the site after receiving a report on the disturbance-related 112, and was assaulted by G on one occasion on the upper part of the upper part of the G, and on one occasion on one occasion on the breast part.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Each investigation report (referring to video CDs and photographs);

1. Application of Acts and subordinate statutes to a written agreement;

1. Relevant provisions of the Criminal Act, Articles 314(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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;

1. The scope of the recommended punishment according to the sentencing guidelines for one crime (Interference with the execution of official duties) and the scope of the punishment [the scope of the recommended punishment for one crime (person subject to a special mitigation] [the scope of the punishment for one month to eight months]] and the scope of the final punishment due to the aggravation of the punishment for the victim's multiple crimes: Six months to one year and eight months;

2. Determination of sentence - Determination of an unfavorable condition: The fact that the nature of a crime committed by a police officer regularly recovered in addition to interference with his/her duties is not good, and the fact that he/she has been punished by a fine for the same kind of crime related to violence

(k) favorable circumstances: the points agreed with the victim who interferes with the task;

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