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(영문) 창원지방법원 2015.03.27 2014고단3056

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 September 23, 2014, at around 21:30 on September 23, 2014, the Defendant: (a) demanded the victim D to provide alcohol and abdomination in the E-sing practice room operated by the victim D; (b) however, the victim refused to do so; (c) was aware of the victim’s part of the victim’s tone with his/her finger, and (d) “the victim’s part of the victim’s tone” due to his/her finger, with the victim’s loss; and (d) threatened the victim with his/her disturbance, such as threateninging the victim to leave the customer at the said place of business, thereby obstructing the victim’s karaoke practice by force.

2. The Defendant: (a) assaulted the police officer’s legitimate execution of his duties on the ground that G guards belonging to the F District Station of the Kimhae Police Station, who called upon receiving a report for the said reasons at the time and place specified in the preceding paragraph, and that he demanded the Defendant to return home, asking the circumstances of the instant case; (b) “I am frien, I am h, I am h, I am h, and I am h’s chest, and I am h’s chest with her hand, and walked twice the G’s chest due to her hand.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Statement of D police statement;

1. G statements;

1. Application of statutes on site photographs;

1. Relevant statutory provisions concerning facts constituting an offense and obstructing the choice of a sentence: Article 314 (1) of the Criminal Act to the point of obstructing the performance of official duties: Article 136 (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

A. The basic area of the crime of obstruction of the performance of official duties (basic crime) (the scope of recommendations) (the scope of the punishment for obstruction of the performance of official duties) (the basic area of imprisonment with prison labor for six months to one year and four months) (the person who has been specially punished)

B. The sentencing criteria for the crime of interference with business are not set.

(c)on the basis of the majority of offenses processing standards.