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(영문) 부산지방법원 2015.12.10 2015고단5465
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. From around 18:00 on July 27, 2015 to 18:40 on the same day, the Defendant interfered with the business of the victim C (the age of 42) located in Geumcheon-gu, Busan from around July 27, 2015 to around 18:40 on the same day interfered with the management of the victim’s site by force by avoiding disturbance for about 40 minutes, such as moving away from the D construction site where the victim C (the age of 42) is working as the chief of the construction division, provokinging so that he would be under the influence of alcohol and shaking the pents of the construction site.

2. From July 27, 2015 to around 18:05 on the same day, the Defendant at the same construction site, and around 18:40 on July 27, 2015, the Defendant took a bath on the ground that the police officer, who was a police officer belonging to the Busan Geum-gu Police Station E-gu, Busan, who was called upon having received a report of the disturbance, would restrain the Defendant, and obstructed the police officer’s legitimate performance of official duties regarding the prevention, suppression, and investigation of the crime by assaulting the police officer, such as taking a blaps of the aforesaid F, by hand, and

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and F;

1. Application of each statute on photographs;

1. Articles 314 (1) and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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. The grounds for sentencing under Article 62-2 of the Social Service Order Act: The first category (Interference with Business) and second category (Interference with Business) of the basic area (Interference with Business) of the first category (Interference with Business) [Limits of Obstruction of Performance of Official Duties] [Scope of Recommendation] and the second category (Interference with Business] of the second category), the basic area (In June-1 and April) of the obstruction of Performance of Official Duties [Scope of Obstruction of Execution of Official Duties] [Scope of Obstruction of Execution of Official Duties] and the basic area (In June-1 and April 4 months] of the second class without a special person: The final sentence scope according to the majority punishment: Six to two months [Pronouncement Decision of Sentence]; the fact that there is no same power; the fact that there

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