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(영문) 부산지방법원 2017.08.28 2017고단2445
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 8, 2017, at around 04:04, the Defendant: (a) spited tobacco on the top of the steering line of E-si operated by the victim D while under the influence of alcohol on the roads adjacent to the C convenience store located in Busan Dong-gu, Busan; and (b) spit tobacco on the taxi floor without speaking for destination; and (c) spit tobacco on the taxi floor; (b) upon receiving a request from the damaged person to stop smoking tobacco in the taxi, it would interfere with the operation of the taxi; and (c) even if he received a request from the injured person to stop tobacco in the taxi, it would interfere with the operation of the victim’s taxi; and (d) continuously smoked tobacco, without responding to the demand of the injured person for getting out of the taxi from the same day until 04:40 on the same day, the Defendant interfered with the victim’s management and operation of the taxi by force.

2. The Defendant, at around 04:40 on April 8, 2017, took a bath to the above D, as described in paragraph 1, at E-si operated by D on the same day as in paragraph 1, and continued to escape from the above si in Busan East-dong police station located on the name of Busan-dong, Busan-ro 70 during the dong Police Station. On the same day, at around 05:20 on the same day, the Defendant got the above G from G with the duty police officer belonging to the above police station, who was working for the F of the above police station at around 05:20, the Defendant expressed that the said G “I would have come to exist, and we will see, even if we will see, e.g., the g., the g., the g., the g., the g., g., the g., g., the g., the g., the g., the g., the g., the g.

As a result, the defendant interfered with the legitimate execution of duties of police station F by the auxiliary police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to G and D;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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

3. Article 62(1) of the Criminal Act provides that the suspension of execution shall be against the fact that there is no previous conviction exceeding a fine, and shall be against it.

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