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(영문) 부산지방법원 2014.10.16 2014고단6750
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

On November 19, 2010, the Defendant was sentenced to a suspended sentence of two years for obstruction of performance of official duties by the Busan District Court on August 19, 201, and was sentenced to one time for the crime of injury, two times for the crime of violation of the Punishment of Violences, etc. Act, and one more for the crime of causing property damage.

1. On July 25, 2014, at around 03:55, the Defendant interfered with the business of the Defendant: (a) went on the top of the steering line of the victim B’s taxi vehicle located in Yeongdeungpo-gu, Busan; (b) went into the vicinity of the Pyeongtaek Household Complex, which is a destination; (c) without any reason, took a bath for the victim; and (d) continued to take a bath for the victim despite the victim’s demand for getting out of the said household; (c) the victim moved to a police box located in the vicinity of the said household complex; and (d) allowed the police officer affiliated with the said C police box to leave the said taxi; (c) however, he interfered with the victim’s taxi business by force for about 15 minutes until he refuses it and is arrested.

2. On July 25, 2014, at around 04:12, the Defendant obstructed the performance of official duties by a police officer in a manner that: (a) the police officer, who was a police officer belonging to the above C police box, was under investigation by the act of interference with his/her duties; (b) continuously took a bath at the police box; and (c) took the Defendant’s mobile phone at the bottom; (d) the police officer, who was a police officer belonging to the above C police box, took the Defendant’s cell phone on the floor; and (e) interfered with the police officer’s legitimate performance of official duties by obtaining D’s cell phone from him/her one time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement B and D to the police protocol;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 314 (1) ( point of interference with business), 136 (1) ( point of interference with public duties) of the Criminal Act and imprisonment, respectively;

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

1. The fact that the degree of assault on the reason of sentencing under Article 62-2 of the Criminal Act is not much serious, the fact that the family form is difficult, and the reflectivity, etc.

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