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(영문) 부산지방법원 2018.01.26 2017고단3058
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 March 20, 2017, from around 22:20 to around 22:40, the Defendant interfered with the Defendant’s business operation of the victim’s hair by force by avoiding disturbance, such as “Durel” (Operation of Victim E (hereinafter “E”) on the third floor corridor in Busan Dong-gu, Busan, for about 20 minutes.

2. The Defendant who interfered with the performance of official duties at the same date, time, and place as set forth in Paragraph 1, and at the same time and place as set forth in Paragraph 1, is asked to ask questions from G circumstances belonging to the Busan East Police Station F District (hereinafter “G circumstances”), etc. to avoid disturbance.

씹할 놈! 짭새새끼들아! 내가 장애인인데 내 몸에 손을 대면 죽여 뿐다.

씹할! 짭새새끼들아! ”라고 하며 계속하여 고함을 지르고, 이에 경찰관들이 피고인을 업무 방해죄의 현행 범인으로 체포하려고 하자 손 경위에게 발길질을 하고 곧이어 이빨로 손 경위의 오른쪽 종아리를 깨물었다.

As a result, the defendant assaulted the police officer, thereby obstructing the police officer's legitimate execution of duties concerning the prevention, suppression, investigation, etc. of the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol on E and G circumstances;

1. Application of the investigation report (1) and each photograph/cinematographic output statute;

1. Relevant Article 314(1) of the Criminal Act concerning the facts constituting an offense and Article 136(1) of the Criminal Act concerning the choice of punishment (a)

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 of Article 62-2 of the Criminal Act for the protection and observation of the protection and the sentencing of Article 62-2 is to be obstructed by the increase of the basic area (six months to one year and six months) of the crimes (Interference with the performance of official duties) No. 1 (Interference with the performance of official duties) in the basic area (six months to one year and six months) (Interference with the performance of official duties).

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