logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.05.23 2018고단5065
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. On September 19, 2018, from around 02:20 to around 02:30, the Defendant: (a) expressed the attitude that the Defendant, who smoked in the “D Burial” of the victim C in Busan Jin-gu, was able to take a bath in a large voice on the ground that the victim and the customer resisted in the “D Burial”; (b) was able to have the victim and the customer take a bath in a large voice; and (c) was spokeed in a double arms, the Defendant spokeed with the above table, and interfered with the victim’s restaurant business by force by having the customers find the place outside of the said table, and by force.

2. The Defendant, at around 03:00 on September 19, 2018, arrested a flagrant offender by F after receiving a report for the foregoing reasons at the places indicated in the foregoing paragraph 1., the Defendant was on board the back seat of the 112 patrol police officer, who was arrested by F, working for the Busan Police Station E zone E zone.

After that, the defendant, who was on the side of his own, was urged to take the face of the above F in his hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement against F and C;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of field photographs), investigation reports (Attachment of photographs to the upper part of the body);

1. Articles 314(1) and 136(1) of the Criminal Act concerning the relevant criminal facts (the point of obstruction of performance of official duties and the choice of imprisonment);

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 (i.e., the grounds for the suspended sentence)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Second crimes applicable to the sentencing guidelines (Interference with the business), category 1 (Interference with the business) (Interference with the business), the basic area (six months to one year and six months) (no person specially punished) (the scope of obstruction of the business execution) (the scope of recommendation) of the sentencing guidelines.

arrow