(영문) 대구지방법원 2019.09.18 2019고단2347

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(영문) 대구지방법원 2019.09.18 2019고단2347

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 April 21, 2019, at around 23:00, the Defendant obstructed the operation of the victim’s restaurant by force by avoiding disturbances over about 30 minutes, such as passing through the crypt and sound of the victim’s restaurant, where the victim B works in Daegu North-gu, Daegu-gu., the Defendant obstructed the operation of the victim’s restaurant by force.

2. On the same day at around 23:30 of the same day, the Defendant: (a) committed assault, such as assaulting the face of the said D, when a slope D, a police official belonging to the Daegu Northern Police Station C Zone C District, called out after receiving a report of the disturbance 112 at that time, recommended him to invalid; and (b) obstructed a police official’s legitimate performance of duties concerning the receipt and treatment of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and D;

1. The work log in the C District;

1. Investigation report (Attachment of CCTV images for the obstruction of performance of official duties);

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

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), and Article 136 (1) of the Criminal Act (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. The crime of this case on the grounds of suspended sentence under Article 62(1) of the Criminal Act is to be sentenced to the same sentence as the order, considering the following factors: (a) the crime of this case on the grounds of suspended sentence under Article 62(1) of the Criminal Act: (b) considering the fact that the defendant interferes with the business of the victim B and obstructs the performance of official duties by police officers; (c) the liability for such crime is not minor; and (d) there are a number of different

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