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(영문) 부산지방법원 2017.09.13 2017고단3682
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 1, 2017, around 02:40 on July 1, 2017, the Defendant: (a) demanded the victim to undergo alcohol in the state of drinking within “D main points operated by the victim C” in Busan Jung-gu, Busan; (b) was rejected, and (c) obstructed the victim’s business operation for a period of about one hour by getting off the disturbance, such as raising awareness, raising height, and raising trial expenses to other customers.

2. On July 1, 2017, at around 04:0, the Defendant: (a) 112 reported at the same place as indicated in paragraph 1; and (b) obstructed the police officer’s legitimate performance of duties as to public peace and order by assaulting F on the following grounds: (a) he she saw that “I drank a large amount of drinking alcohol so that I would have taken off; (b) I am me to “I son son son son son son son son, son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son, f

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to C and F;

1. Application of Acts and subordinate statutes to a criminal investigation report (at the time of dispatch to the scene);

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each 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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The scope of final sentencing due to multiple concurrent crimes (one to one year and six months) in the basic area (one type (one type of interference with the performance of official duties and one year and six months) (one type of interference with the performance of official duties) (one type of six months or one year and six months) [the scope of recommended punishment] that there is no person subject to special sentencing] [the scope of recommended punishment] in the basic area (one type of interference with duties) (one type of six months or one year and six months) of the basic area (one type of interference with the duties] (one type of six months or one year and six months] [the person subject to special sentencing] that there is no person subject to special sentencing]: Six months to two years [the decision of sentence]; the same shall be taken into account

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