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(영문) 창원지방법원 밀양지원 2019.06.04 2019고단144
업무방해등
Text

A defendant shall be punished by imprisonment for six 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. Around 00:15 on March 16, 2019, the Defendant: (a) the victim C (the 57-year-old age), who was in the main place, tried to leave the main place without calculating the drinking level, and (b) the victim demanded and attached the drinking value. The Defendant was able to take a bath for the following reasons: (c) on the ground that the victim C (the 57-year-old age-old), who was in the main place, tried to bring the disturbance for about 15 minutes: (d) the victim was able to take a bath for other customers who were in the main place, and was able to take a bath for them; and (e) the victim was unable to bring the disturbance for about 15 minutes, such as paying the drinking expenses.

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

2. At around 00:50 on March 16, 2019, the Defendant: (a) told F of the police box of the Seongbuk Police Station, who was called upon receiving a report, that “Wooyang Police Station Epicked him in the way of sponse, put him in, and died; (b) he saw F’s chest on one occasion due to his own drinking; and (c) the reason behind it was that F may be arrested as a flagrant offender with the obstruction of performance of official duties; (d) the reason behind it was that F may be arrested as a flagrant offender with the obstruction of performance of official duties; and (e) the f’s chest was f’s chest on one occasion due to the reason of drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. G statements;

1. Application of Acts and subordinate statutes on internal investigation reports (the time confirmation that the victim of interference with business reported to PDA for business purposes);

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 under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

A. First Crimes of obstruction of the performance of official duties (determination of suspension of performance of official duties).

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