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(영문) 부산지방법원 2019.01.30 2018고단5295
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

except that 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 September 19, 2018, at around 00:24, the Defendant obstructed the victim’s main business by force for approximately 30 minutes by demanding customers to calculate the drinking value from the victim D (n, 24 years of age) in C located in Busan Dong-gu B and 5, Busan, the Defendant: (a) made a lot of drinking values; and (b) made the above main points, and (c) made a bath while returning to the above main points; and (d) singing down the sprinks by making customers go out of the main points; and (b) thereby obstructing the victim’s main business.

2. At around 00:55 on September 19, 2018, the Defendant obstructed the police officer’s legitimate execution of duties regarding prevention, suppression, and investigation by assaulting the victim’s left side knee by taking out his/her arms and attempting to knee out his/her arms, etc., who was called out after being reported 112 on the 19th day of the place indicated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of each statute of the D;

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. Where the mitigation area of the punishment of Article 62(1) of the Criminal Act (Scope of recommending a person to be subject to a suspended sentence) (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) (Article 62(1)) (Article 1 of the Act on the Suspension of Execution) (Article 1 of the Act on the Suspension of Execution), the mitigation area (Article 1 to 8) (Article 1 of the Act on the Suspension of Performance of Duties) (Article 1 of the Act on the Suspension of Performance of Duties) (Article 62(1) (Article 62 of the Act on the Suspension of Execution of Execution of Duties) (Article 62(1) (Article 1 of the Act on the Suspension of Execution of Duties) (Article 1 of the Act on the Prevention of Obstruction of Duties) (Article 1 of the Act on the Prevention of Obstruction of

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