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(영문) 부산지방법원 서부지원 2019.05.31 2018고단2702

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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

The insulting part against the Defendant is as of April 19, 2019.

As a result of the cancellation of the prosecution, dismissal of public prosecution was decided.

1. On July 9, 2018, at around 00:30, the Defendant: (a) boarded the victim D (the 60-year-old) taxi in front of the cosmetic-gu, Busan, and received the taxi fee from the victim, and subsequently obstructed the victim’s taxi business by force for about 20 minutes in front of the 20-year-old taxi in front of the victim’s taxi to depart from another place after receiving the cab fee from which the victim was frighted. The Defendant: (b) talked immediately; (c) he was a passenger; (d) he was a passenger, and (d) he was frighted with the victim’s taxi business. (d) The Defendant frighted the victim’s taxi business by force.

2. 피고인은 위 1항과 같은 일시경 같은 장소에서 수산사하경찰서 F파출소 소속 경찰 G(50세)가 업무방해 및 모욕 혐의로 피고인을 현행범인으로 체포하려 하자 G의 가슴 부위를 팔꿈치로 강하게 밀치고, 피고인을 순찰차 뒷좌석에 탑승시키려는 경찰 H의 허벅지 부위를 발로 수회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers with regard to the handling of 112 reports and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning H, D, and G;

1. A written statement of I;

1. Investigation report (field status, etc.);

1. Application of the Acts and subordinate statutes on mobile phone screen CDs and CCTV for crime prevention;

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

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for the crimes of obstruction of performance of official duties against each other, and the punishment for the crimes of obstruction of official duties against G with heavy punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment heavier than that prescribed by the crime of interference with business);