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(영문) 부산지방법원 2018.12.13 2018고단4652
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 2, 2018, at around 01:30, the Defendant obstructed the victim’s main business operation by force of approximately 30 minutes, such as: (a) at the “F” drinking house for the operation of the victim E on the first floor of the D D Building in Busan, the victim requested the settlement of alcohol value, etc.; (b) at the victim’s request, the victim presented a debit card with the balance short; (c) “Is the police without settlement; and (d) entering the escape room for female employees; and (c) opening the door, thereby obstructing the victim’s main business operation by force.

2. On September 2, 2018, the Defendant: (a) was arrested as a flagrant offender suspected of fraud, etc. by the police officer and police officer I, who was called out after receiving the above E’s report that the Defendant did not pay the drinking value at the location of the preceding paragraph at around 02:27.

The Defendant, upon receiving a request from H and I to board the patrol vehicle, refused to comply with the request, and “C YEAE ZENY H and I do not go against.”

Easia fluora

“Along with h’s bath, H assaulted h’s face, h’s body was sealed by both descendants, and h’s h’s body was pushed over the ground floor.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes on police statements made to E and H;

1. Article 314(1)0 of the Criminal Act - Article 136(1) of the same Act concerning the crime;

1. Imprisonment with prison labor for choice of punishment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons for sentencing under Article 62-2 of the Criminal Code of the community service order, crimes 1 (Interference with the performance of official duties) [the scope of recommended punishment] committed in violation of Article 62-2, and Article 2 (Interference with Duties) without the basic area (from June to January 6) (the special sentencing person] [the scope of recommended punishment] committed in violation of Article 62-2 of the Social Service Order Act. The mitigation area (Interference with Duties) is the mitigated area (from January to August).

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