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(영문) 부산지방법원 2016.11.24 2016고단6036
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 2, 2016, at around 21:00, the Defendant obstructed the victim’s restaurant business by force for about 30 minutes, such as taking a large amount of desire to be treated as an employee when working in the said restaurant prior to the towing, and taking the employees at the restaurant.

2. The Defendant committed an act of obstructing performance of official duties by assaulting the police officer G, who was a police officer belonging to the Busan Jin Police Station Fdistrict, who was dispatched to the scene after receiving a report at the above time and place 112, to have him returned home from G, who was a police officer belonging to the Busan Jin Police Station, to have him go home, and to have his left arms cut off. The Defendant obstructed the performance of duties

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and G

1. Relevant Article 314(1) of the Criminal Act; Article 314(1) of the Criminal Act; Article 136(1) of the Criminal Act; the choice of imprisonment with labor;

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

1. The sentence of Article 62(1) of the Criminal Act on the grounds of the sentencing of Article 62(1) of the suspended sentence is as follows: The sentence of Article 62(1) of the Act on the Suspension of Execution [Scope of Obstruction of Performance of Official Duties] and Article 62(1) of the Criminal Act on the grounds of Article 1 of the Act on the Suspension of Execution [Scope of Obstruction of Performance of Official Duties] and Article 62(1) of the Act on the Suspension of Execution [Scope of Obstruction of Duties] that there is no basic area (6 to 1 year and 4 months) [Scope of Obstruction of Duties] [Scope of Obstruction of Duties] and Article 2 of the Act on the Suspension of Performance of Duties [Article 1 of the Act on the Prevention of Obstruction of Performance of Duties] and Article 62(1) of the Act on the Punishment of Specific Crimes (including Special Mitigation of Duties]

However, in consideration of the circumstances, such as the fact that the defendant is against the defendant, the first offender who has no record of criminal punishment, and the fact that the victim of the obstruction of business has agreed smoothly with the victim, etc., for a certain period.

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