beta
(영문) 부산지방법원 2018.06.05 2018고단1282

업무방해등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On March 16, 2018, the Defendant: (a) around 22:10 on March 16, 2018, the Defendant: (b) was drunk at a “D” restaurant operated by the victim C, which was in the Geum-gu, Busan; (c) placed the customer as a small-scale illness without any justifiable reason; and (d) placed the female customer, etc., who performed drinking on the side tebbb, with the customer who performed drinking on the teb

and threatened with the desire of "Seman," "Seman," etc., and interfere with the victim's restaurant business by force between about 10 minutes.

2. Whether the Defendant is the Defendant who has interfered with the performance of official duties at the time and place specified in paragraph 1, and the circumstances F of the E District dispatched upon receipt of the report.

The “I” and asked “I, without any reason, put F’s breast on the floor of the restaurant by pushing F’s breast by hand.

Accordingly, the defendant assaulted F who is a police official, thereby obstructing the legitimate execution of duties concerning criminal investigation and prevention.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and F;

1. Relevant Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (elective of imprisonment) and Article 314 of the Criminal Act concerning the choice of punishment;

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. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Sentence I (Interference with Duties)] The grounds for sentencing under Article 62(1) of the Criminal Act [Scope of Sentence I (Interference with Duties)] shall be considered as follows: The scope of punishment [the scope of punishment recommended for six months to one year and six months] shall be as follows: the basic area (Interference with Duties) [the scope of punishment recommended for two crimes (Interference with Duties)] shall be as follows: the basic area (within six months to one year and six months]; the scope of final sentence pursuant to the aggravated punishment for multiple crimes: six months to two years (decision of sentence]; the fact that there is no past record of criminal punishment for violent crimes; the fact that there is no violation of one's mistake; and the degree of damage caused by the instant crime; etc.