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(영문) 부산지방법원 2016.05.18 2016고단425
업무방해등
Text

A defendant shall be punished by imprisonment for one year.

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. From November 14, 2015 to October 01:30, 2015, the Defendant: (a) at the point of “E” in the operation of Victim D located in Busan Jung-gu, Busan for about 50 minutes; and (b) without any reason, whether the Defendant, without the influence of alcohol, read to the customers, and belongs to the customers;

Before early 200, the victim intending to take a bath as “dh,” and intending to take the alcohol disease, and the victim prevented the Defendant from taking it into the toilet, and was scambling the beer’s disease on the toilet floor, and obstructed the victim’s main business by force by avoiding disturbance.

2. 공무집행 방해 피고인은 2015. 11. 14. 02:25 경 제 1 항 기재와 같은 장소에서 112 신고를 받고 출동한 부산 중부 경찰서 F 지구대 소속 순경 G로부터 업무 방해죄의 현행범으로 체포되자 양손으로 위 G의 가슴 부위를 1 회 밀쳐 출입문에 머리를 부딪히게 하고, 주먹으로 위 지구대 소속 경장 H의 목 부위를 1회 때리고, G가 이를 제지하자 주먹으로 G의 얼굴을 2회 때리고 발로 G의 오른쪽 무릎을 1회 찼다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, H and G;

1. Application of Acts and subordinate statutes, such as investigation reports (on-site conditions, etc.) and photographs of damaged parts;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 stay of execution (Consideration of crimes, and considering the fact that police officers are not subject to the punishment of the defendant);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the first crime (Interference with the performance of official duties) [the scope of recommended punishment] damage in the aggravated area (one year to four years) (one year to four years).

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