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(영문) 부산지방법원 동부지원 2018.01.10 2017고단2338

업무방해등

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 20, 2017, the Defendant: (a) 22:20 on September 20, 2017, after drinking and calculating alcohol within the main point of “D” operated by the Victim C in Busan City, the Defendant was able to avoid disturbance for about 30 minutes, such as: (b) the Defendant was able to take the bath and not returning home, and (c) the victim was asked to have the other customers return home; and (d) the Defendant was able to take the bath and sprinking, etc.; and (e) the Defendant was able to escape from disturbance for about 30 minutes, such as drinking and flabing, other customers E and flab within the main point.

Accordingly, the Defendant interfered with the victim's main business by force.

2. On September 20, 2017, at around 22:50, the Defendant obstructed the performance of official duties, on the grounds of the Defendant’s disturbance, such as the Defendant’s disturbance at the place prior to the preceding paragraph, and on the grounds of the Defendant’s disturbance, the circumstances leading up to the F District of the Busan High Police Station, which called out after receiving the said C’s report, prevented the Defendant from disturbing the Defendant’s disturbance, and in turn, assaulted the said G by taking a bath to the said G, and by walking the back and the bridge on several occasions.

As a result, the Defendant interfered with the legitimate execution of official duties of police officials on the 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of the statutes on each statement protocol with respect to C and G;

1. Article 314(1) of the Criminal Act applicable to the crime, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and selection of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act)

1. The community service order under Article 62-2 of the Criminal Act;