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(영문) 부산지방법원 2016.10.14 2016고단781
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. Around 01:00 on January 3, 2016, the Defendant obstructed the victim’s restaurant business by force by entering the “E” restaurant operated by the victim D located in Busan Jin-gu, Busan, with the large amount of the “E” and making the customers who were in the restaurant feel uneasy by having the customers in the restaurant feel uneasy.”

2. The Defendant expressed, at the same date, at the same place, that “any person who spawn at a restaurant” was asked by police officers G belonging to the Busan High Police Station F of the Busan High Police Station to ask questions about his personal information, case circumstances, etc. from the police officer G, who was called out after having received 112 reports, that “I am spawn at the night, spawn, spawn, spawn, spawn, spawn in the spawn, spawn no, spawn in the inside, spawn in the inside, spawn out, and spawn, spawn as in the body of the above G, and spawn away from the work mother used by the said G, and spawn off the ground.”

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

Summary of Evidence

1. Part of the defendant's legal statement;

1. The statement concerning G and the statement of D;

1. Photographs of a employee;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements made in victim D);

1. Relevant Articles 314(1), 313, and 136(1) of the Criminal Act concerning criminal facts; the choice of imprisonment with labor;

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. Second crimes (Obstruction of Performance of Official Duties) for the reason of sentencing under Article 62-2 of the Criminal Act, which have no basic area (including June to one year and six months) of the first category (Interference with Business) (special person) [the scope of recommendations] for the obstruction of performance of official duties for the reasons of sentencing under Article 62-2 of the Criminal Act.

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