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(영문) 대구지방법원 2018.09.07 2018고단2928
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 16, 2018, at around 00:00, the Defendant: (a) under the influence of alcohol, expressed the victim’s “D’s instant singing shop operated by the victim C, which is located in G, B, and around 00:0, the Defendant: (b) expressed the victim with a large voice that “the victim shall be bit of bitch bitch bitch bitch,” and (c) obstructed the victim’s main business operation by breaking the singing door and wall.

2. The Defendant, at around 02:00 on the same day, committed assault by the Defendant, on the same day, such as: (a) when the slope F belonging to E District E District in the Maldong Police Station, who was dispatched to the scene after having received a report at the above 112, paid the alcohol value to the Defendant and recommended him to return home, he paid the alcohol value; (b) he expressed bitbbbbbbbbbs, bit the bit of a bitch bitch, which the bitch bit of a bitch bit of a bitch bit of a bitch bitch, which the bit

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the laws and regulations on police statements made to C, F, and G;

1. Relevant Article 314 of the Criminal Act, Articles 314(1) and 136(1) of the Criminal Act, and the choice of imprisonment for a 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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution shows that the Defendant’s assaulted to the police officer following the crime of interference with the instant business is weak to the Defendant’s awareness of compliance with the law, and it is necessary to punish the Defendant with strict punishment.

However, it shall be considered in favor of the defendant, such as the fact that the defendant agreed with the victim C, the fact that there is no other criminal punishment except the defendant's previous convictions once, and the fact that the defendant is against the defendant.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

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