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(영문) 부산지방법원 2015.03.25 2015고단924
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

Punishment of the crime

1. 업무방해 피고인은 2015. 1. 4. 00:50경 부산 중구 B에 있는 C마트에서 스낵진열장 바닥에 소변을 누자 위 마트 종업원인 피해자 D가 “매장에서 소변을 보면 안 된다. 그만해라”라고 수 회 이야기를 하였으나 고함을 치고 욕설을 하면서 계속하여 소변을 누는 행위로 마트 내 손님들이 밖으로 나가게 하는 등 약 20여 분간 위력으로 위 피해자의 마트 영업 업무를 방해하였다.

2. The Defendant committed an assault to F, a police officer of the Busan Central Police Station E (Korean) Police Station, who was called out after having received 112 reports at the time and place specified in the preceding paragraph, on the face of left hand, such as “I see, ring, where finite, finite, where finite, and finite,” and thereafter, having the victim go against the front part of the working clothes on the part of the said victim, finite and find with the street trees.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of photographs, CD-related Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] No person who does not follow only the lowest limit of the sentence of recommendation for the basic area (six months to one year and four months) of the obstruction of performance of official duties (a person who has been subject to special punishment] [a person who has been subject to punishment] (a person who has been subject to special punishment] appears to have the attitude of deceiving and opposing the defendant when committing an offense; the degree of obstruction of official duties and obstruction of performance of official duties; and

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