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(영문) 부산지방법원 2015.12.10 2015고단5484
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. On July 29, 2015, around 21:30 on July 29, 2015, the Defendant: (a) expressed a cju shop located in the Busan Yagu, Busan YA, that “I would like to make a cryp and to make a fry at the bar” the horses that the cryp will go from the victim D (the age of 53) and interfered with the victim’s main duties by bringing about about 30 minutes of cryp and raising a cryp to other customers.

2. On July 29, 2015, at around 23:15, the Defendant: (a) obstructed the police officer’s legitimate performance of duties regarding 112 declarations by assaulting the victim’s face on three occasions, and obstructing the police officer’s legitimate performance of duties regarding 112 declarations by assaulting the victim’s 112 report, on the same ground as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute on police statements to D, G, and F;

1. Articles 136 (1) and 314 (1) of the Criminal Act applicable to the crime;

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 are the first crime (Interference with Business) [Scope of Recommendation] : Type 1 (Interference with Business) and the second crime (Interference with Business) [Scope of Recommendation] / [Scope of Obstruction of Performance of Official Duties] / The scope of punishment / The scope of final sentence due to the multiple aggravated crimes with no basic area (In June to January 1) (Special / April 4) / The basic area of the obstruction of Performance of Official Duties] / The scope of final sentence due to the multiple aggravated crimes with no basic area (in June to April 1): Six months and two years [Decision of Sentence] / In light of the content of the statement at an investigative agency or the legal speech and behavior, it seems that the previous situation is somewhat insufficient in light of the content of the statement at an investigative agency or the fact that damage is relatively minor

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