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(영문) 부산지방법원 2019.02.18 2018고단5511

업무방해등

Text

A defendant shall be punished by imprisonment for six 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 November 8, 2018, around 21:20, the Defendant obstructed the victim’s main duties by force for about 1:20 minutes and over 20 minutes, by having the customers who were in the place where he gets out of the place where he gets out of the place where he gets out of the place where he gets out of the place where he gets out of the place where he gets out of the place where he gets out of the place where he gets out of the place where he gets out of the place where he gets out of the place where he gets out of the place where he gets out of the place.

2. On November 8, 2018, the Defendant: (a) around 22:50 on the part of the Defendant: (b) displayed the victim E-district 112 report that the customer f, who was sent to the said D, paid the drinking value; (c) paid 10,00 won fee to the victim E-district f, and returned home; and (d) made the victim f, who was in turn unable to pay her drinking value; and (d) paid her drinking money to the victim; and (e) made the victim f, who was in turn unable to pay her drinking value; and (e) made it difficult for the victim to take a drinking; and (e) continued to interfere with the victim’s legitimate performance of duties concerning the prevention, suppression, and investigation of the next victim’s crime.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and F

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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 of Article 62-2 of the Social Service Order Criminal Act: Category 1 (Obstruction of Performance of Official Duties) (Scope of Recommendation) is as follows: Category 1 (Obstruction of Performance of Official Duties/Performance of Duties) basic area (6 months to 1 year and 6 months) [the scope of Recommendation) that there is no person who is a special person] [the scope of solicitation]; Category 1 (Obstruction of Duties) (Obstruction of Duties) (Scope of Recommendation); Category 1 (Special Mitigation from January to 8) (Special Mitigation) (Article 62-2) (Article 62-2 of the Social Service Order Criminal Act (including serious efforts for recovery of damage).