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(영문) 청주지방법원 충주지원 2016.06.17 2016고단156
업무방해등
Text

A defendant shall be punished by imprisonment for six 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 23, 2016, at around 23:05, the Defendant: (a) took a bath without any reason in the state of being drunk; (b) took a bath on the passage of D amusement points operated by the victim C (the age of 47) located in the Chungcheongnam-gun B; and (c) on the part of the victim who was demanded to leave from the victim, the Defendant interfered with the victim’s drinking business over about 30 minutes by avoiding disturbance by taking a large amount of excreta and taking a bath to the victim.

2. On February 23, 2016, the Defendant, at around 23:52 around 23:52, exercised a tangible force against police officers, such as: (a) the place indicated in paragraph 1; (b) the receipt of 112 reports; and (c) he was solicited to return home from a slope E belonging to the voice police station, who was called out, to go home; (d) the Defendant was able to take a drinking time to go home; and (e) the Defendant was putting the bricks in the vicinity of the police station on the floor by cutting back the

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in relation to the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. All on-site photographs;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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;

1. Application of the sentencing criteria;

(a) Interference with the performance of official duties [Determinations] There is no person who has been involved in a crime interfering with the performance of official duties, interference with the performance of official duties, one type (Interference with the performance of official duties and coercion of duties] (the scope of decisions and sentences of recommendations in the recommended sphere] (the scope of decisions and recommendations in the recommended sphere), six months to one year and four months;

(b) Obstruction of Business Affairs [Determination of Type] Obstruction of Interference of Business Affairs, Disturbance of Business Affairs [Special Sentencing Person] Reduction element: Non-existence of Punishment [Scope of Determination in the Place of Recommendation and Sentencing of Recommendations] Reduction Area, one month to eight months of imprisonment

(c)the guidelines for the disposal of multiple crimes.

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