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(영문) 창원지방법원 통영지원 2016.05.25 2016고단251
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On February 10, 2016, from around 02:30 to 03:30, the Defendant: (a) the Defendant: (b) the Defendant: (c) the Defendant, in the instant singing room located in Busan Jin-gu, drinked in the instant singing room; (d) without any justifiable reason, whether the Defendant “the Defendant sings only the instant singes.”

“The victim D, who is an employee of the singinging room, has been at the end of the business.”

The defect victims expressed their desire to “Se the same year, the same police,” as the defect victims, and it was difficult to avoid any disturbance for about one hour, such as saluting the chairs.

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

2. On February 10, 2016, the Defendant interfered with the performance of official duties: (a) reported that there was a person who satisfies in the same place as the entries in paragraph 1 at around 03:50 on February 10, 2016; and (b) reported to the F officer of the Busan Police Station E District; (c) whether the Defendant “this satfes out;”

I am "I am I am", F ambling F's bat and flaging the external upper part of the body, and ambling it.

Accordingly, the defendant interfered with the police officer's legitimate execution of official duties on 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A report on investigation;

1. Application of Acts and subordinate statutes on the photograph of mos;

1. The choice of imprisonment with prison labor for the relevant law and the selection of a punishment for the crime under Articles 314(1) and 136(1) of the Criminal Act (the point of obstructing the performance of official duties);

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 Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines for the Supreme Court: the scope of the final punishment due to the aggravation of multiple offenses for which the basic area of the crime (in June to one year and six months) (in June to one year and six months) is nonexistent (in the scope of the recommended punishment), and the basic area of the crime (in the course of six months to one year and four months) (in the course of six months, one year and four months) (in the course of six months), the basic area of the crime (in the course of six months to one year) (in the course of one year and four months) (in the course of six months, one person subject to special sentencing) is nonexistent: June to February 2.

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