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(영문) 부산지방법원 2014.09.25 2014고단5473
업무방해등
Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A was sentenced to four months of imprisonment for fraud at the Busan District Court on February 6, 2013, and the execution of the sentence was terminated on May 15, 2013 at the Busan District Court.

1. On May 1, 2014, at around 09:00, Defendants A and B interfered with the business of Defendants A and B performed fighting with each other while drinking alcohol at the F cafeteria operated by the victim E in Busan Young-gu, Busan, the victim E, who was in her place, was in a scambling with each other, and carried out fighting, and the victim’s scam on the floor. The victim’s scam on the scam on the scam.

Accordingly, the Defendants conspired to interfere with the victim's restaurant business for about one hour by force.

2. At around 10:00 on the same day, Defendant A’s obstruction of performance of official duties showed the attitude that the security guards belonging to the Youngdo Police Station G police box called the Defendant and the above B, who called the Defendant’s Malaysia, sent to the said place after receiving a report that the Defendant she was going to scam in a restaurant, had the Defendant her scam the Defendant’s scam to the above H. In doing so, the Defendant considered the above H’s arms to be scam, and took the scam, and took the scam in drinking, and obstructed the above H’s legitimate performance of duties concerning the criminal investigation and crime prevention.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Each police statement of E and H;

1. Investigation report (at the time of site entry, etc.);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (prior to dispositions, report on the results of confirmation, and attachment of personal data custody);

1. Interference with pertinent legal assistance for criminal facts: Interference with the performance of official duties under Articles 314 (1) and 30 of the Criminal Act: Article 136 (1) of the Criminal Act;

1. Article 35 of the Criminal Act for the aggravation of repeated crimes;

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

1. The grounds for sentencing under Article 70(1) of the Criminal Act are as follows.

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