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(영문) 부산지방법원 2016.01.28 2015고단7431
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 28, 2015, the defendant was sentenced to imprisonment with prison labor for not less than eight months in the Busan District Court for interfering with the performance of official duties.

8.2. The execution of the sentence was completed at the Busan detention center.

1. On October 29, 2015, the Defendant obstructed the victim’s restaurant business by force for about 1 hour and 30 minutes, including: (a) the victim C, located in Busan-gu, Busan-do, in the D main place operated by the victim C, who is a customer; (b) the victim “I are not the husband of the guest”; and (c) the victim “I are not the husband of the guest”, and (d) the victim’s restaurant business by force, for about 1 hour and 30 minutes, by preventing other customers who had been entering the restaurant by killing the her death.

2. The Defendant interfered with the performance of official duties, on the ground that the police officer F, who was called up upon receiving the report of 112, was entitled to return home, the Defendant obstructed the police officer’s legitimate performance of duties concerning the handling of the report of 112 report, such as: (a) sent out police officers, such as F, who desire to walk up the F’s bridge once; (b) attempted to walk up the F’s bridge once due to his entrance; and (c) attempted to walk up the F’s bridge.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. On-site photographs;

1. Previous convictions in judgment: References to inquiries, reports on the results of previous convictions not subject to disposition, and application of Acts and subordinate statutes to report criminal investigations (verification of repeated records of the suspect

1. Relevant Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes has many records of punishment for the defendant with the same kind of and different types of crimes, and only three months from the time he/she was released from the office by interfering with the performance of official duties, such as interference with the performance of official duties, as stated in the first head of the crime in the judgment. However, the sentence is imposed in consideration of the defendant's age, sexual behavior, environment, and other factors of sentencing as indicated in the records.

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