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(영문) 부산지방법원 2019.01.30 2018고단5098
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 October 11, 2018, at around 01:15, the Defendant: (a) boarded a cab operated by the victim B on the street in front of the Busan District District, Busan District, which was 33, before the Busan District, and (b) took a bath to the victim on the ground that the Defendant was demanded by the victim on the ground that the son was a son, and (c) caused the victim to have the car off on the ground that the son was a son, and (d) caused the victim to have the car off the 20 minutes of the son and the son’s son’s son’s son’s son.

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

2. The Defendant: (a) expressed that he was requested for the assistance of the above B at the above date, time, and at the above place; and (b) expressed that he was “I am argue, I am argue” to the assistant E belonging to the Busan Jindo Police Station D District District; and (c) assaulted the police officer’s left face one time due to defective drinking that I am argue would make a recording.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of the case.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Application of Acts and subordinate statutes to each investigation report (the Nos. 3 and 7 of evidence lists);

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

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

1. The reasons for the sentencing of Article 62(1) of the Criminal Code for the suspended sentence under Article 62(1) of the Act on the Suspension of Execution are as follows: (a) Category I (Obstruction of Performance of Official Duties) in the area of special mitigation (one month to eight months), [Special Mitigation] in the area of obstruction of Performance of Official Duties, in the event that the degree of assault or obstruction of official duties is insignificant, crimes (one type, one type, and one serious injury occurred) in the area of non-compliance of punishment (the scope of recommending punishment) in the area of mitigation (one month to eight months), [the scope of recommending punishment] in the area of mitigation (one-eight month) in the area of [the area of special mitigation] in the area of non-con

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