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(영문) 부산지방법원 동부지원 2017.04.27 2016고단436
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 15, 2016, at around 03:00, the Defendant obstructed the victim’s main shop business by avoiding an disturbance over approximately 50 minutes, such as cutting down sphere on the table, while drinking alcohol, and requesting the victim to return home on several occasions without any particular reason after drinking alcohol, at “D main shop” in the operation of the victim C, which is located in the Busan Suwon-gu, Busan, and thereby obstructing the victim’s main shop business by force.

2. The Defendant: (a) received a report at the above date, time, and place; and (b) received a request for returning home from F of the Inspector F of the Busan Coast Guard E box affiliated with the Busan Coast Guard E box; (c) threatened the Defendant with drinking as if he were f while taking a bath; and (d) committed assault, such as threatening the Defendant to go home from F of the train F to go home at the request of returning home twice.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement made by the police against C;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to investigation reports (as to the situation at the time of dispatch to the site);

1. Relevant Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

1. The sentencing range of Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act on the grounds of sentencing [the scope of recommending punishment] Article 1 of the Act on the Punishment of Concurrent Crimes and Article 50 shall be determined in consideration of the following: (a) the basic area (f.g., June to one year) (f., one year and six months); (b) the basic area (f., the scope of recommending punishment) of Article 2 of the Act on the Punishment of Concurrent Crimes (f.g., the scope of recommending punishment); (c) the basic area (f., six months to one year and four months) of Article 37 of the Act on the Punishment of Concurrent Crimes; (d) the final sentencing range pursuant to Article 38 (1) 2 of the Act on the Punishment of Concurrent Crimes; (f.g., the decision of sentence (f., six months) of June to two years; (f., the nature of the crime; and (f) the fact that any damage was not recovered;

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