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(영문) 부산지방법원 2020.05.07 2020고단815

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 22, 2020, the Defendant: (a) around 02:20 on January 22, 2020, around 02:20, the Defendant: (b) around 10 minutes; (c) around 10 minutes, the Defendant fluorddddddddddddled the players in the side table, such as humbbing, “to sp sp,” and humbing, “to sp” under the influence of alcohol; and (d) the Defendant fludddddddddddddd the string of the instant victims, fladding the bble with the floor by cutting off the tables that other customers.

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

2. On January 22, 2020, the Defendant, at around 02:39, 02: (a) had been drinking in front of the Busan Jung-gu, Busan, on the ground that the police officer F of the Busan, Busan, Police Police Station, who was called out after receiving the victim’s 112 report, attempted to identify the Defendant; and (b) had spawned and carried out several damages

After putting in a aggressive form and aggressive form, “I amb kb kb kb,” and assaulted at one time the left face part of F due to drinking, “I amb kb kb kb kb kb kb.”

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes governing field CCTV photographs;

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. 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;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

A. The basic area of the first crime (determination of the type of obstruction of the performance of official duties) [No person who has been engaged in the obstruction of the performance of official duties] [No person who has been specially punished] (the scope of recommendations and recommendations];