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(영문) 부산지방법원 동부지원 2016.10.26 2016고단1566
업무방해등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 19, 2016, at around 22:45, the Defendant obstructed the victim’s restaurant business by force, such as: (a) the Defendant, at the C cafeteria located in Busan, Busan, Daegu, and Daegu, told the victim D, who is an employee of the place where the Defendant was under the influence of drinking along with his/her daily activities and her drinking to other female customers; (b) the Defendant continued to fluencing him/her to write down a fluorous appearance, flusing him/her, and her flusing him/her of his/her flusing customers, thereby obstructing the victim’s restaurant business by force.

2. On August 19, 2016, the Defendant: (a) around 23:20 on August 19, 2016, arrested a flagrant offender for the same reason as that of the above paragraph (1) within the F District of the Shipping Police Station located in Busan Metropolitan City, and continued to work in the sobane due to the influence of alcohol on the part of the police officer G, which could go beyond the scope of the victim’s situation; (b) on the part of the victim, the Defendant was asked to sit in the workplace, one time again.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of 112 reported police officers and the handling of the case.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute to the statement of D and G;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment for an offense

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

1. Article 62 (1) of the Criminal Act (including the fact that an agreement is made with the victim of the obstruction of business and the fact that there is no criminal record exceeding the fine);

1. Social service order under Article 62-2 of the Criminal Act;

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