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(영문) 부산지방법원 2019.09.11 2019고단3455
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 became final and conclusive.

Reasons

Punishment of the crime

1. On August 2, 2019, around 22:30 on August 2, 2019, the Defendant interfered with the business of the victim, who was under the influence of alcohol at the “D” drinking house operated by the victim C, which was operated by the Busan Jin-gu, Busan, and took a bath to the victims and customers, and tried to drive away customers from the drinking house, thereby hindering the victim’s drinking business for about 30 minutes.

2. On August 2, 2019, at around 23:00, the Defendant: (a) 112 reported by the said C at the place specified in paragraph (1) and obstructed the police officer’s legitimate execution of duties concerning the handling of the 112 reported case by assaulting the F’s chest, by assaulting the F’s chest, i.e., “math, kids, kids, kids, kids, kids,” without any reason, to be informed of the Defendant’s personal information from the police officer F of the Busan Police Station E District, who was dispatched to the Busan Police Station E District, by having been informed of the Defendant’s personal information from the police officer F.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes in writing C;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following circumstances described in the grounds for sentencing);

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

(a) First crime (Interference with business): Imprisonment with prison labor for a period from six months to one year for six months;

(b) Second offense: Imprisonment with prison labor for the basic area: From six months to one year and six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to two years;

2. Determination of sentence: The sentence is imposed in consideration of various circumstances such as the Defendant’s age, character and conduct, family environment, motive and means of the crime, and the circumstances after the crime, etc., which are shown in the records of this case, without any particular criminal conviction, for six months of imprisonment, two years of suspended sentence, and against the crime of this case.

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