logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.11.30 2016고단6259
업무방해등
Text

A defendant shall be punished by imprisonment for six 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

1. On August 31, 2016, from around 20:00 to 20:40 on the same day, the Defendant interfered with the business of the victim’s coffee business by putting the arms of female customers who were seated in the coffee shop managed by the victim C (the age of 28) in Busan Jung-gu (the age of 28) from around 20:0 to around 20:40 on August 31, 2016, putting them under the influence of alcohol into his/her hand, and making them drink and drink, and thereby obstructing the victim’s coffee business by force.

2. On August 31, 2016, the Defendant committed assault, such as: (a) 112 reporting that he spawns, as in paragraph (1), around 20:39 on August 31, 2016; and (b) sending out the police box of Busan Central Police Station Epik to take her face from F to her hand, who was spawn for returning home from F, on three occasions.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to investigation reports (investigation into the site at the time of leaving the site);

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act to order probation instruction;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Interference with Business) (Scope of Recommendation) (Scope of Business ] No basic area (Interference with Business) (6-1 year and 6 months) (special person) exists;

(b) The scope of the final sentence due to the aggravation of multiple offenders who have no basic area (6 to 1 year and 4 months) of Category 1 (Obstruction of Performance of Official Duties) (Scope of Recommendation) for the obstruction of Performance of Official Duties: 6 to 2 months;

2. Although the nature of the crime of this case is not good, the fact that there is no previous conviction exceeding the fine, and the fact that the crime is recognized and the error is depthed.

arrow