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(영문) 부산지방법원 2019.09.06 2019고단3240
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 03, 2019, the Defendant: (a) around 03:00 on December 12, 2019, at the C convenience store located in Busan Jin-gu, Busan; (b) viewed the victim D, an employee under the influence of alcohol, with only one cigarette, and (c) took a big bath, i.e., “e., smoking.., smoking.”

Accordingly, the defendant interfered with the victim's convenience store business by force for about 20 minutes.

2. At around 03:30 on July 12, 2019, the Defendant, at the convenience store as indicated in paragraph (1) around 03:30 on July 12, 2019, took a bath to the following: (a) the Defendant: (b) was urged to return home from F of the police box belonging to the Busan Jinjin Police Station Epia, who was dispatched to the scene after receiving the relevant 112 report; and (c) was urged to return home from F of the police box belonging to the Busan Jinjin Police Station Epia, who was called to the site; and (d) the Defendant was able to talk

As a result, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reporting processing duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act and Article 136(1) of the Criminal Act, the choice of punishment for the crime

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment of Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1)/Compulsory / [Scope of Recommendation and Recommendation] Basic Field, 6 months to 1 year and 6 months of imprisonment

(b) Class 2 crime (Interference with Business) (Interference with Business) [Type 1] Interference with Business (Special Disturbing Persons]: Reduction element (including serious efforts for recovery of damage) [the scope of recommending area and recommendation].

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