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(영문) 부산지방법원 2016.11.10 2016고단5643
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 26, 2016, at around 13:10 on April 26, 2016, the Defendant obstructed the victim’s bath business by force for about 30 minutes, such as: (a) the victim’s bath in Busan YY-gu C operation; (b) the Defendant, by provokinging the ordinary customers, intended not to be a customer; (c) the victim, who was demanded from the victim to take a bath, went into a bath; and (d) the victim’s bath business was obstructed by force for about 30 minutes.

2. At around 14:00 on the same day, the Defendant: (a) committed assault, such as assaulting the police officer to take out of the E-district police officer, who was called out after receiving 112 reports from F, a police officer belonging to the E-district; (b) intending to take out of the said police officer without having been placed in clothes; and (c) thereby obstructing the police officer’s performance of official duties on the report of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of the Investigation Report (No. 10) Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act; Article 314(1) of the Criminal Act; Article 136(1) of the Criminal Act; the choice of imprisonment with labor;

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

1. The scope of final sentence due to the aggravation of multiple offenders who have no basic area (6 to 1.6 months), the basic area (6 to 6 months) of category 1 (Interference with Business) [the scope of recommendations] of Article 62(1) of the Criminal Act, the reason for sentencing under Article 62(1) of the Suspension of Execution Act, shall be limited to the punishment of obstruction of performance of official duties [the scope of recommendations] and the scope of final sentence due to the aggravation of multiple offenders who have no basic area (6 to 1.4 months), the basic area (6 to 1.4 months) of obstruction of performance of official duties [the scope of punishment of obstruction of performance of official duties]: June to two years (the decision of sentence]; each of the crimes in this case shall be committed by the defendant against interference with official duties, and by assaulting a police official dispatched after receiving

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