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(영문) 부산지방법원 2019.08.22 2019고단2509
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On February 28, 2019, at around 02:47, the Defendant: (a) demanded a victim C’s “D” restaurant operated by the victim C in the Busan East-gu, Busan, to enter and drink alcohol; (b) however, it was difficult for the Defendant to avoid disturbance for about 18 minutes, including: (c) the victim’s refusal to do so and threatening the victim to drinking.

Accordingly, the Defendant interfered with the victim's operation of the restaurant by force.

2. On February 28, 2019, at around 03:10 on February 28, 2019, the Defendant: (a) in front of the restaurant as described in the foregoing paragraph (1), sent out after receiving a report from 112, the Defendant: (b) took a bath to keep the Defendant entering the said restaurant, and (c) took three times the body part of the F at the time of drinking.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to C and F;

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. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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

(a) Class 1 crime (Determination of Types of Interference with Business) [No one] Interference with Business (Type 1] [No person who is a special person] [the scope of the recommendation field and recommendation range] basic area, imprisonment with prison labor for six months to one year and six months;

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

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment;

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