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(영문) 부산지방법원 2015.03.18 2015고단328
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. On January 7, 2015, at least 20:45, the Defendant interfered with the business of the Defendant: (a) on the road in front of the D parking lot located in Busan Dong-gu, Busan; (b) on the part of the victim E driver’s F taxi operation, the Defendant boarded the victim’s taxi’s key to the victim’s taxi; and (c) elected the victim’s taxi’s key to the victim’s taxi; (d) elected the victim’s taxi’s key to the victim’s taxi; and (e) took the victim’s desire to see the 112 report as “the 112 report,” and obstructed the victim’s taxi business by force.

2. On January 7, 2015, the Defendant: (a) expressed at the place prescribed in paragraph (1); (b) around 20:55, the Defendant obstructed the police officer’s legitimate performance of duties concerning the handling of the instant report on 112 report at the police officer’s 112 report, when she takes a bath to the head of the police station belonging to the Busan East Police Station G District of the Busan East Police Station, which called “Chewing feasium, equally feasium,” and obstructed the police officer’s legitimate performance of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and H

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No person who does not follow only the minimum of the sentence of recommendation for the basic area (six months to one year and four months) of the obstruction of performance of official duties (a person who has been specially punished] [a person who has been sentenced] [a decision of sentence] the defendant's attitude of deceiving and opposing the defendant's crime; the degree of obstruction of performance of official duties and obstruction of performance of official duties; and the same criminal power as well as multiple criminal records

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