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(영문) 대전지방법원 홍성지원 2015.11.20 2015고단909
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 August 7, 2015, the Defendant: (a) around 16:40 on August 7, 2015, the Defendant: (b) intending to enter the main points of “E” operated by the victim DD in Chungcheongnam-gun, Chungcheongnamcheon-gun, without any particular reason; and (c) she took a bath to the victim, the Defendant: (a) she: (a) she saw the victim into the main points of “act; (b) she has 35 minutes of the disturbance, such as having shotly shotly walked, and walked twice of the indoor door, and had two customers who drink alcohol at the same place.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

2. At around 17:25 on the same day, the Defendant: (a) asked questions about the instant case from the police officer guard H, etc. who was asked of the police officer, etc. of the Seocheon Police Station G District G District, who was called “I know why I would know why I would be about why I would know, what I would have known; and (b) in both hands, Hab the h’s breath, and h’s face h’s breath, as I am h’s breath of h’s face.”

Accordingly, the defendant interfered with the police officer's legitimate 112 reporting and withdrawal work.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and H

1. Articles 314(1) and 136(1) of the Criminal Act concerning the relevant criminal facts (the point of obstruction of performance of official duties and the choice of imprisonment);

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 on probation and community service order;

1. Type 1 of the obstruction of performance of official duties (the scope of recommendations) (the scope of the obstruction of performance of official duties) and the basic area (six months to one year and four months) (the person who has been specially punished);

2. Persons who are not subject to punishment in the area of mitigation (one month to eight months) (special mitigation) of the area of mitigation (one month to eight months) of the crime of interference with business [Scope of Recommendation].

3. The scope of final sentence due to the aggravation of multiple offenses: From six months to one year and eight months; and

4. Determination of sentence;

(a) Ten months of imprisonment and two years of suspended execution;

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