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(영문) 부산지방법원 2018.08.22 2018고단2374

업무방해등

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 20, 2018, the Defendant, at around 20:40 on May 20, 2018, smoked in the “E” restaurant operated by the victim D (n, 47 years of age) located in Busan-gu, Busan-do, and the victim prevented it on the ground that it is a non-smoking area. The Defendant, who spits a cigarette, spits the cigarette on the flab, can tear the victim’s flabing of the cigarette.

“Along with sound, she seems to have an attitude that seems to be a satisfum by following the table, etc., making the disturbance unfolded, making the customers go to or enter.

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

2. The Defendant interfered with the performance of official duties at the above time and place after receiving 112 reports at the above time and place, is against G (58 tax) of the F District of the Busan Police Station G (58 tax).

In addition, we live together with other stories.

“I see the word “I,” and “I am to G;

The Babbling, etc. was performed with the bath theory, such as “the Bab ...”

As a result, the defendant assaulted police officers who perform duties such as reporting processing.

Summary of Evidence

1. Statement by the defendant in court;

2. Each police statement made to D or G;

3. Application of each statute of photograph;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) point of interference with business: Article 314 (1) of the Criminal Act (the choice of imprisonment);

(b) The point of obstructing the performance of official duties: Article 136 (1) of the Criminal Act (the choice of imprisonment);

2. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (an aggravated punishment for concurrent crimes against a person who has committed a crime with heavier duties).

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection.

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Basic crime: Determination of type of crime obstructing the performance of official duties; - interfering with the performance of official duties - Type 1 (Interference with the Performance of Official Duties) (2) : The scope of punishment recommended to be subject to no special sentencing: 6 months to 1 year and 6 months (basic area);

(b) concurrent crimes: