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(영문) 부산지방법원 2020.06.17 2020고단1486
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 April 7, 2020, from around 20:30 to 21:00, the Defendant: (a) took advantage of the Plaintiff’s D taxi on the roads adjacent to Busan Jin-gu, Busan; (b) took advantage of the victim’s D taxi; and (c) took a bath for the payment of taxi charges without complying with the request from the victim; and (d) took a walk for about 30 minutes without getting out of the said taxi.

Accordingly, the defendant interfered with the victim's taxi operation.

2. At the date, time, and place as mentioned in the above paragraph 1.3 above, the Defendant received a report on the act of obstruction of performance of official duties, and did not comply with the request for return to the Plaintiff after paying the taxi fee from F to F of the police box affiliated with the police box of the Busan Jin Police Station, which was called to the scene, and assault F with F by using the son’s f, who was demanded by F to present his identification card on the left hand of F, f, f off his her f, and f, f, f, f, f, with the f’s ethth, f, with the f’s ethth

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of statutes, such as site photographs;

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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Class 2 (Interference with Business).

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