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(영문) 부산지방법원 2018.10.18 2018고단3556

업무방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 3, 2018, the Defendant was sentenced to a suspended sentence of two years for a special injury at the Busan District Court on August 3, 2018, and the above judgment became final and conclusive on July 11, 2018.

[Criminal Facts] On June 15, 2018, between around 19:00 to 19:30, the Defendant, on the interior package operated by the victim D (n, 60 years of age) who is the coponer located in the first floor of Busan Dong-gu, Busan, Dong-gu, Busan, for drinking to the victim, but on the ground that the Defendant did not sell drinking for drinking to the victim on the part of the victim.

B.I am. I am. I am. I am. I am. I do not know about the Chewing year.

Recognizing the attitude that she seems to have been able to complete with her hand, “The year in which the garbage was the same, and scars died.”

We see how to see. The inner part is well known.

Modernity such as garbage.

One person who well grounded in funeral services, "I am," and other persons who have failed to perform his/her duties for about 30 minutes.

Accordingly, the defendant interfered with the victim's main role operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment report, such as summary order, etc.);

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. The sentencing guidelines are not applicable to the crime of special injury and the crime of single concurrent crimes after Article 37 of the Criminal Act in which the judgment becomes final and conclusive. 2. The fact that the defendant committed the principal crime in the judgment of the sentencing court, and there are many criminal records in the same case in which the defendant committed the principal crime in the judgment of the sentencing court. However, all the defendants led to confession.