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(영문) 부산지방법원 2017.04.14 2016고단3345

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On March 2, 2016, the Defendant: (a) around 22:30 on March 2, 2016, at the main station (mutual “D”, and the operation of the victim E) located in the Young-gu Busan Metropolitan City, the Defendant was able to drink with his son first; and (b) upon receiving a demand from the injured party for payment of the drinking value, the Defendant would make it difficult for the victimized party and the injured party to do so.

Chewing sark, and continuously sarked by hand, such as throwing the table and the chair on the floor of the house.

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

2. 공무집행 방해 피고인은 2016. 3. 3. 00:25 경 위 주점에서 신고를 받고 출동한 부산 영도 경찰서 F 지구대 소속 경장 G 등으로부터 술값을 지불하라는 권유를 받고도 손으로 그곳에 있는 탁자를 엎는 등 행패를 계속 부려 업무 방해의 현행 범인으로 체포되려고 하자 바닥에 누워 소리치고, 이어 발로 경장 G의 왼쪽 정강이를 수회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in the suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to E and G;

1. The investigation report (2) and the application of each photographic statute;

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment for a 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 suspended execution;

1. The crime under Article 1 of the Criminal Code of the community service order and the crime under Article 62-2 of the Act on the Reasons for the Sentencing [the scope of the recommended punishment] is limited to the crime under Article 2 of the ruling where the degree of force, deceptive scheme, or the degree of interference with the performance of official duties is minor (the scope of recommended punishment) of the mitigated area (one month to eight months) of the mitigated area (the special mitigated person) [the degree of violence, intimidation, and deceptive scheme] of the mitigated area (one month to eight months) of the mitigated area.