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(영문) 부산지방법원 2017.06.14 2017고단2001

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 13, 2017, the Defendant obstructed the victim’s restaurant business by force for about 40 minutes, such as drinking in D restaurant operated by the victim C located in Geum-gu, Busan, the Defendant, while drinking in D restaurant that was operated by the victim C, leading customers to an impeachment, booming a trial fee, and booming the debris, and booming the debris into the table.

2. The Defendant interfered with the performance of official duties on March 13, 2017, on the ground that the Ebrick F, who was called out after receiving a report of 112 at the above place on March 13, 2017, solicits him to return home because he was under the influence of alcohol, “F, n.h., n.h. to do so.

Before carrying out the bath theory, the police officers committed assault, such as putting a boom F’s double arms, skeing a boom, booming a f’s hand, etc. of a booming F’s hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the notification processing and arrest of the police officer in the act of committing a crime.

3. Around March 13, 2017, the Defendant insultd the victim publicly by stating that “I must see this dog, spath, spath, spathing, spathing, spathing, spathing, and spath from the front of the G District located in the Geum-gu, Busan, to the extent that I would like to be arrested as a current offender due to interference with business affairs, etc.” to the police officer in the presence of H and personal influences.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Complaint;

1. Application of the Acts and subordinate statutes of the table of each investigation report (the No. 3, 7, and 9 of the evidence list), the photographs of damage, and the table of 112 reported cases;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties), Article 314(1) of the Criminal Act (the point of obstructing duties) and Article 311 of the Criminal Act;

1. Selection of each sentence of imprisonment;

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 reason for sentencing under Article 62(1) of the Criminal Act (i.e., the crime is against the victim, there is no history of criminal punishment exceeding the fine, and the victim C is not subject to the punishment of the defendant).