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(영문) 부산지방법원 동부지원 2016.06.08 2016고단333
업무방해등
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 17, 2015, the Defendant was sentenced to a suspended sentence of two years for a period of eight months on the grounds of interference with the execution of official duties in the Changwon District Court's Msan branch on March 17, 2015, and the judgment becomes final and conclusive on the 2

1. On March 23, 2016, from around 04:30 on the same day to around 04:58 on the same day, the Defendant: (a) viewed the Victim E in Busan-gun as an employee on the ground that the employee’s horse movement was severed from the F convenience store working for the employee by the victim E in Busan-gun; and (b) viewed the Victim as the victim at the cost of calculating the amount of the employee’s horse movement; (c)

knife knife

It was difficult to avoid disturbance, such as stating “.........”

Accordingly, the Defendant interfered with the convenience store business of the victim between approximately 28 minutes by force as above.

2. Around 05:00 on the same day, the Defendant: (a) heard the horses of the police officer belonging to the Busan Police Station G District of the Busan Police Station who was called out after receiving a 112 report from the above convenience store; and (b) resisting the horses of arresting him as a current offender of the obstruction of business from the police officer belonging to the G District of the police station G District of the Busan Police Station; (c) resisting the shoulder of the head through his hand, tight the shoulder of the police clothes of the police officer; and (d) assaulting the police clothes of the police officer on his hand; and (e) assaulting the police bridge of the police officer by walking

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of a flagrant offender by the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to E and H;

1. A report on investigation;

1. CCTV video CDs;

1. Previous record: Application of the Acts and subordinate statutes by inquiry;

1. Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 136(1) of the same Act, the selection of fines for criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act (the prosecutor’s opinion) of the Criminal Act (the decision of sentence) and one year (the decision of sentence) imprisonment for a term of five million won (the decision of sentence): The defendant's normal circumstances favorable to the defendant who repeats the crime during the period of the same criminal offense and the period of the suspended sentence due to the same criminal offense:

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