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(영문) 부산지방법원 2015.06.04 2015고단1546
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 18, 2015, at around 03:40, the Defendant: (a) expressed that “E” restaurant operated by the victim D in Busan Dong-gu, Busan; (b) with the knowledge of the loss of a mobile phone while under the influence of alcohol, the Defendant sent a mobile phone to F who is an employee of the restaurant; and (c) sees that there is no longer any way to leave the mobile phone from his female; and (d) expressed that “chos, wals, wals, wals, and stals, wals, wals, and wals, walked on the floor; and (d) wals, walked on the floor of the fals, walked, walked, walked, walked, and prevented male customers from entering the restaurant, thereby interfering with the victim’s business by force.

2. On February 18, 2015, at the above “E” restaurant around 04:00, the Defendant: (a) obstructed the police officer’s legitimate execution of duties concerning the crime prevention and movement of report by assaulting violence, such as spitation, etc. on the face of the above H, with the 112 notification that the Defendant frighted the fright, and sent it to H, who is a police officer, by entering the Defendant’s boiler. (b) The Defendant fright to die; (c) fright to die; (d) fright to die; and (e) fright to die, and (e) interfered with the police officer’s legitimate performance of duties concerning the police officer’s movement of reporting and withdrawal of report.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on police statements made to D and H;

1. Articles 314 (1), 313, and 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (the special person) (the decision of sentence] [the decision of sentence] agreement with the victim of the obstruction of official duties, taking into account the contents of each of the crimes of this case, the criminal records of the defendant, etc.

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