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(영문) 부산지방법원 2016.01.07 2015고단5332
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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. On June 26, 2015, at around 22:30, the Defendant obstructed the victim’s main business by force against the employees, etc. who were working in F and alcohol at the main point of “E” in the part of “E” operated by the victim D (hereinafter referred to as “E”) located in Busan F and 45 years old-gu, Busan, for the reason that the employees were influence, and who prevented the Defendant from drinking, thereby obstructing the victim’s main business by force.

2. The Defendant interfered with the performance of official duties, upon receiving a report at the date, time, and place of the above paragraph (1) above, committed assault, such as “YYYYYYYYYYYYYYYYYYYYYYYYY,” and “YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

3. As mentioned in paragraph 2 of the above, the Defendant, as the police officer called the victim H and I, who had been dispatched among 20 persons, such as D, was sexually insultd by the victim H and I, who was the police officer of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of H and I;

1. Application of each statute on filing of a complaint;

1. Article 314 (1), Article 136 (1), and Article 311 of the Criminal Act concerning the facts constituting an offense;

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

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 suspended execution;

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 recommending punishment] interference with the performance of official duties, and the second crime (Interference with the performance of official duties from June to January to April) that has no basic area (the special sentencing factor] [the scope of recommending punishment] of Article 62-2 of the same Act.

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