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(영문) 부산지방법원 2016.11.17 2016고단4057
업무방해등
Text

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

Reasons

Punishment of the crime

On February 3, 2016, the Defendant: (a) around 22:10 and around 22:55, the period from around 22:0 to around 22:55, the Defendant: (b) placed the victim E (22 years of age) who works at the said establishment under the influence of alcohol at a large interest, saying, “I see the president as prescribed by the law of bit of bitch of the Republic of Korea bitch, Mazzzzzzzzzzzzzz,” and (c) placed a Sick for 10 minutes of bitch customers, and interfered with the management and business of the said victim’s restaurant by force for about 45 minutes by doing acts such as unloading their head with a fluence.

around 19:50 on October 21, 2015, the Defendant: (a) reported the disturbance to the G police box located in the F of Yangsan City on October 21, 2015; and (b) called the assistant H belonging to the Yangsan Police Station G police box called the scene to have it go to the district; (c) carried the patrol box to the G police box; (d) carried the box to have him go to the G police box; and (e) carried the box to the G police box while taking a bath within the police box, the Defendant 2015 carried the box to the flab, and (e) took the flab from the fest He, she was flad with his chest, thereby interfering with the police officer’s legitimate performance of duties by taking the flab’s chest’s chest on one occasion

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and H;

1. Application of each statute on photographs;

1. Relevant Article 314 (1) and Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Among concurrent offenders, the reasons for the sentencing of Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act and Article 1 (Obstruction of Performance of Official Duties) of the Reasons for the Punishment of Crimes / [Scope of Recommendation] / [Scope of Obstruction of Performance of Official Duties] / [Scope of Performance of Official Duties] 2 crimes (Interference with Duties] without a person who is a special offender] / [Scope of Recommendation] / [Scope of Performance of Duties] 1 types (Interference with Duties) / [1-8 months] / [Special Mitigation] Scope of the mitigated area (including efforts to recover damage) / The mitigated area of punishment (including efforts to mitigate damage): 6-1 year and 18 months (Pronouncement Decision / Decision ] / The defendant is a crime of damaging property at the Busan District Court on January 6, 2015.

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