beta
(영문) 부산지방법원 2018.09.19 2018고단2248

업무방해등

Text

Defendant

A Imprisonment with prison labor for ten months and for four months, respectively.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

1. On February 24, 2018, the Defendants jointly committed the crime, calculated the drinking value from the “Fsing room” operated by the victim E located in Busan Dong-gu, Busan, and attempted to go out of the above main point, and subsequently re-enters the contact loan at the room and re-influence. The Defendants refused it, and the victims rejected it, and interfered with the victim’s main duties for about 30 minutes by force by force.

2. On the same day as paragraph (1) of this Article, the Defendant: (a) asked the circumstances of the instant case against the owner of the horse that he was called to by the horse G upon receiving a report of the main owner 112 at the same place as that of paragraph (1); (b) asked G to the owner of the horse where he wears the police uniform of G, stating, “I am kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn'ss kn's kn's kn's kn's kn'

As a result, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on handling reports and preventing crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Each police statement protocol with respect to G and E;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Articles 314(1) and 30 of the Criminal Act concerning criminal facts and the choice of punishment (the obstruction of business and the choice of imprisonment with labor): Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties, the choice of imprisonment with labor);

1. Aggravation of concurrent crimes (defendant A), the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection and Community Service Orders (Defendant A)

1. Defendant A’s 1 Crimes (Interference with the performance of official duties).