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(영문) 창원지방법원 통영지원 2016.08.17 2016고단669
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

1. On May 22, 2016, the Defendant: (a) was traveling along the road in front of the F cafeteria located in D-si operated by the Victim C on May 22, 2016; (b) while the Defendant was receiving the taxi fee from the Do in front of the “H cafeteria” located in the said “F cafeteria,” the Defendant, despite receiving the taxi fee from the Do in front of the said “H cafeteria,” the Defendant was demanding the Defendant to submit an additional taxi fee to another place by closing the door of the said “F cafeteria,” and (c) the Defendant was able to bring the Defendant to the said “F cafeteria,” and (d) the Defendant was able to bring the Defendant to the 10 minutes off, such as her hand, her hand, and refusal of the said vehicle.

Accordingly, the defendant interfered with the victim's taxi business by force.

2. The Defendant who interfered with the performance of official duties on the same day is demanded by K (S 46) of the security guards belonging to the above police box in relation to the case of paragraph 1 on the road in front of the police box located in I at the time of 02:30 on the same day to inform K of his personal information.

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Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C and K;

1. Application of Acts and subordinate statutes on taxi receipts;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Crimes No. 2 (Interference with Duties) of the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court: (a) the basic area (from June to one year and four months) (the person who is subject to special sentencing) of the scope of the recommended punishment [the scope of the recommended punishment]; (b) the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court; (c) one type (Interference with the performance of official duties and coercion of duties)

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