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(영문) 부산지방법원 2016.10.20 2016고단1180
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 February 12, 2016, at around 06:30, the Defendant: (a) expressed that “A victim E does not engage in coffee; (b) the victim’s cafeteria in the D restaurant located in Busan Shoro-gu; and (c) expressed the victim’s expressed that “Ipon’s knife knife knife knife knife knife and knife knife knife knife knife knife knife knife knife, knife knife knife knife knife knife kn

2. The Defendant was at one time at the right face of the said G in drinking, when he arrested the Defendant as an offender in the act of committing a crime and did not take a bath after the Defendant was arrested as a police officer at the Busan: the date, time, and place at the place of the performance of official duties as stated in paragraph (1).

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and G;

1. Application of Acts and subordinate statutes to a report on investigation (the current status of the suspect sent to the scene);

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. 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 range of final sentence due to the aggravation of multiple crimes in the basic area (such as obstruction of performance of official duties or coercion of duties) of category 1 (Obstruction of Duties) (Scope of Recommendation) (Scope of Duties) (Scope of Obstruction of Performance of Duties) (Scope of Obstruction of Performance of Duties) (Scope of Recommendation) (Scope of Obstruction of Performance of Duties) (Scope of Obstruction of Duties) (Scope of Obstruction of Performance of Duties) (Scope of Obstruction of Performance of Duties) (Scope of Obstruction of Duties): Determination of the sentence of 6 to 2 months (in June 1 and April 4): Unfavorable circumstances: the contents and quality of each of the crimes of this case are inferior, the circumstances after the commission of each of the crimes of this case are not good, and the criminal records of the same kind are different.

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