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(영문) 부산지방법원 2021.01.13 2020고단4290
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 20, 2020, the Defendant: (a) around 20:30 on September 20, 202, the Defendant: (b) had the victim C in Busan Young-do as an employee “D”; (c) had the victim C’s talking that he would wear a gark at the time of entry from the victim C; and (d) had the employees feel well; (b) had the victim’s “hacker flus with a large amount of flus, and had approximately 10 minutes of the disturbance, such as threatening the victim’s car page business and the customer’s access.

Accordingly, the defendant interfered with the victim's carpet business by force.

2. On September 20, 2020, the Defendant was required to present an identification card by the police officer of the Busan Military Police Station E box, who called out after receiving a report from 112 that he was under the influence of alcohol in front of the place indicated in paragraph (1) around September 20, 202.

The Defendant refuses to present an identification card, and to F. “F.”

C. The franchising expressed that F’s f’s f’s f’s f’s hand and f’s f’s f’s f’s right arms in drinking, and assaulted F’s f’s right arms in drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the police concerning F of the defendant's legal statement;

1. Application of C’s written on-site photographs, parking lot guidance signs, photographs of police officers damaged by the assaulted mobilization, and photographs of nearby police officers other than those in mobilization;

1. Relevant Article 314(1) of the Criminal Act, 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. 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Interference with the performance of official duties) (a decision of type);

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