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(영문) 부산지방법원 동부지원 2016.10.05 2016고단1164

업무방해등

Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 19, 2013, the Defendant, including the Defendant’s previous conviction, is a person who was sentenced by the Gwangju District Court to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., for three years, or five years, and is currently in the grace period and has no fixed occupation.

2. Crimes by defendants;

A. On June 23, 2016, around 19:30 on June 23, 2016, the Defendant obstructed the operation of the C cafeteria by force equivalent to one hour, including, but not limited to, the following: (a) around the D cafeteria operated by the Victim C in Busan Metropolitan City, where the Defendant collected food and beverages, etc. from the victim; and (b) where the victim was asked to check from the victim; (c) and (d) the Defendant took a large amount of sound for the reason that he was bad to check the victim; and (d) the Defendant interfered with the operation of the C cafeteria by force.

B. On June 23, 2016, around 20:20 of the obstruction of performance of official duties, at the above D restaurant, the police officer’s legitimate call-up duties, etc. by assaulting the 112 staff by assaulting the 112 staff, who was dispatched after having received 112 reports due to the above obstruction of duties, G on the F Zone G of the Busan Shipping Station, and Haman, the Defendant, who was demanded from the F Zone G of the Busan Shipping Station, and the Defendant, who was in turn, to have a disturbance and returned home.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to C and H;

1. Previous offense: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of fines for criminal facts;

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

1. Reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act for the detention in the workhouse [the prosecutor's opinion] The defendant, who is sentenced to a fine of 5 million won [the decision of sentence] 6 months [the defendant's order] during the period of suspension of execution, leads to obstruction of business, obstruction of performance of official duties, the degree of damage is not severe, the degree of damage is not limited, the agreement with the victim of obstruction