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(영문) 부산지방법원 2015.06.03 2014고단9628
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 November 15, 2014, at around 23:50 on November 15, 2014, the Defendant interfered with the business of the Defendant: (a) among other customers, he/she takes a bath to other coaches on the ground that he/she could not know while drinking alcohol at the E-place operated by the victim D, which is operated by the victim D; and (b) requested the victim who demanded the settlement of the drinking value to pay the drinking value on a two-month basis; (c) however, on the ground that the victim paid the drinking value in a lump sum, the Defendant interfered with the victim’s main business affairs by force, such as taking the victim’s abusive, and making the customer take a bath out of the main place, thereby obstructing the victim’s main business affairs by force for about 20 minutes.

2. Performance of official duties;

A. At the time and place under Paragraph 1, the Defendant, as stated in Paragraph 1, took a bath to the police officer G belonging to the F District Unit of the Busan F District Police Station, who was sent to the site after receiving a report of 112 while avoiding the disturbance, and committed assault to the above patrolman G, such as singing down his outer flag with his hand and being sealed on the wall.

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

B. On November 16, 2014, around 00:29, the Defendant arrested as a flagrant offender on the ground of the foregoing obstruction of the performance of official duties, and was led to the F District of the Busan Western Police Station located in H, Busan, and subsequently, the police officer affiliated with the said earth group expressed that “I do not know about the Defendant’s personal information,” and assaulted the Defendant by her hand, “I do not know about the Defendant’s personal information, and I do not see the son’s shoulder.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the management of global guard affairs.

Summary of Evidence

1. A witness I and each legal statement in G;

1. Each police statement of I and G;

1. Application of Acts and subordinate statutes to each investigation report (Attachment to the tear clothes of the G, a photograph of the CD contents, or a caps of the CD contents);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of criminal facts;

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