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(영문) 부산지방법원 동부지원 2017.07.13 2017고단1060
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On May 4, 2017, from around 14:00 to around 14:40, the Defendant: (a) expressed a bath for approximately 30 minutes to the said cafeteria’s employees on the ground that the said cafeteria’s D restaurant run by the victim C, which was located in Busan-gun, would be bad to the said cafeteria; (b) the Defendant interfered with the operation of the said cafeteria by force between approximately 40 minutes, such as: (c) the Defendant: (d) the Defendant provided a bath to other customers who were in the cafeteria, while taking a bath; (d) the Defendant was unable to provide meals to them; and (e) the Defendant interfered with the operation of the said cafeteria by force for about 40 minutes.

2. On May 4, 2017, at the same place as before and after May 14:4, 2017, the Defendant: (a) took a 112-report by an employee of the said restaurant at the same time as the preceding paragraph; (b) prevented the Defendant from threateninging another customer; (c) thereby preventing the Defendant from threatening another customer, the Defendant: (d) took a bath to the said F, “I will be dead; (d) will be dead at the shipping team; and (e) assaulted the f’s chest by hand, as I will receive the said person’s hair.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and F;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

1. The crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes is deemed to interfere with the restaurant business and to use violence by the police officers called out after receiving a report. The crime of this case is deemed to be bad, and the defendant is sentenced to a suspension of execution of imprisonment with prison labor for eight months on March 17, 2015 due to interference with the same crime and interference with the execution of official duties at the Changwon District Court Msan Branch branch, and the defendant is sentenced to a suspension of execution for eight months on the 25th of the same month.

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