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(영문) 부산지방법원 2018.11.08 2018고단3891
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant who interfered with his/her duties from July 10, 2018 to July 22:30 of the same day, when he/she committed an act under the influence of alcohol at the D’s singing shop operated by the victim C in Busan-gu, Busan-do, from around 22:30 of the same day, he/she dysnum" from an employee.

“The Party has ever been matched on the water level.”

Doz. Doz. Doz. Doz.

“Along with a large amount of disturbance, customers who find the disturbance out of the disturbance interfered with the victim’s singing store business by force, such as having them out of the room.

2. Around July 10, 2018, the Defendant: (a) received a report at the place specified in the foregoing paragraph 1; and (b) confirmed the situation by being called out to the police officer of the Busan Coastal Police Station E District; and (c) received the report at the place specified in the foregoing paragraph; and (d) confirmed the situation.

R. L. L.C. L. L.C.

Before now, the police officer expressed that he died on the knife and knife knife knife knife knife knife."

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to G, F, and C;

1. Application of Acts and subordinate statutes to investigation reports (H telephone communications);

1. Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of interference with the performance of public duties and the choice of imprisonment) concerning the 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 stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

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

1. Crimes 1 applicable to the sentencing guidelines (Obstruction of Duties) [Scope of Recommendations] 1 (Obstruction of Duties] Obstruction of Duties, which are the basic area (Interference with Duties) / [6 months-1 year-6 months] 2 (Obstruction of Performance of Duties) / [Scope of Recommendation ] Suspension of Performance of Official Duties / Type 1 (Obstruction of Performance of Duties / Obstruction of Performance of Duties) mitigation area (one month-8 months).

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