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(영문) 부산지방법원 2018.10.11 2018고단3504
업무방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[criminal history] On February 23, 2018, the Defendant was sentenced to a suspended sentence of three years for a violation of the Framework Act on Fire Services at the Busan District Court, which became final and conclusive on March 3, 2018, and is currently under suspended sentence.

[2] On August 6, 2018, from around 15:40 to 16:10 on the same day, the Defendant: (a) from the victim C, operated by the victim C, located in Busan Young-gu, Busan, to the extent that he was not sold on credit; and (b) the Defendant was unable to drive the Defendant on the part of the police officer due to the 112 report; (c) and (d) under the influence of alcohol, the Defendant filed a report on why he was dispatched by the police officer “h 112” with the victim under the influence of alcohol.

young people shall not be young people.

Then, the victim's cell phone did not go to the 112 report of the victim, and the police officer was dispatched to the 112 report, thereby obstructing the victim's Schlage's business by force by force, such as holding the defendant's cell phone for about 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Investigation reports (on-site photographs, etc.), investigation reports (a list of reported cases) (a list of reported cases);

1. Previous convictions: Application of inquiry requests, such as criminal history, investigation reports (the fact that the period of probation is in progress, confirmation of the same kind of force);

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The sentencing guidelines shall not apply since the defendant selected a fine for the application of the sentencing guidelines. 2. The defendant's decision of sentencing has reached several times the same criminal records, and it is necessary to take strict measures with respect to the fact that the defendant committed a crime which was committed during the period of probation of imprisonment. However, the defendant confessions all of the crimes and repents his mistake in depth.

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