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(영문) 부산지방법원 2020.09.17 2020고단2334
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. From February 7, 2020 to February 23:15, 2020 to 23:40, the Defendant interfered with the business, at the convenience store located in the Busan Dong-gu, Busan, where the victim B works as an employee, brought about approximately 25 minutes of the entrance to remove the entrance with a large volume of noise, and exceeded the displayed goods within the convenience store.

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

2. The Defendant received a report on the act of obstruction of performance of official duties as mentioned in the above 1. Paragraph 1. at the time and place, and assaulted F with F, such as the Defendant’s shoulder and body pushed away by hand, and f, knife F, knife F, knife F, knife F’s knife with hand, and F’s hand knife with knife, knife F’s hand, and knife F’s hand with knife.

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

Summary of Evidence

1. Statement B of the police concerning F of the defendant's legal statement, and each statement G of the 112 Incident Report;

1. Application of the Acts and subordinate statutes to the ctv images and video photographs of the suspect Lee E-mail, and the statutes on the body of the injured party F;

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. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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) Class 1 crime (Determination of Types of Interference with Business) [Type 1] No person who interferes with business [the scope of the recommended field and the scope of recommendations], the basic field of crime (the scope of recommendation field and recommendation range], and six months to one year and six months; and

B. Second Crimes (Obstruction of Performance of Official Duties).

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