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(영문) 부산지방법원 동부지원 2017.07.13 2017고단1064
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. Around 02:30 on March 25, 2017, the Defendant: (a) went to the room room operated by the victim C, which is operated by the victim C in Suwon-gu, Busan; (b) and (c) went to the room room where there are customers, not the Defendant’s daily behaviors; and (d) upon receipt of a demand to request the victim to change from the injured party, the Defendant expressed a voice to the head of Narar, “I am for the year that would sing the singest to the end of this year, I am for the president to come to the seat of the president, and caused the customers to leave the room.”

Accordingly, the Defendant interfered with the victim's singing-making business by force.

2. On March 25, 2017, at the place indicated in paragraph 1, around 03:10 on March 25, 2017, the Defendant: (a) was informed of the Defendant’s disturbance at the place indicated in paragraph 1; and (b) was informed by G of the developments leading up to and leading up to the Busan Southern Police Station E District, the Busan Southern Police Station E-gu, Busan, who was called for the Defendant, and was subject to control from G; and (c) the Defendant was suffering from how much from

“라고 소리치면서 손으로 경위 F의 몸을 수회 밀치고, 이를 제지하는 순경 G의 허벅지를 발로 찼다.

Accordingly, the Defendant interfered with the above-mentioned assault, which is a police official, and the legitimate performance of duties related to the handling of reported duties by G 112.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the laws and regulations on police statements made to C, F, and G;

1. Relevant Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (a point of interference with the performance of official duties) concerning facts constituting an offense; and Article 314 of the Criminal Act (a point of interference with the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime of abusing violence against police officers dispatched after obstructing their singing main business operations and receiving a report, and thus, the nature of the crime is bad, and the defendant is replaced by the facts charged of this case.

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