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(영문) 부산지방법원 2016.02.17 2015고단8144
업무방해등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 5, 2015, around 20:10, the Defendant obstructed the victim’s main store business by avoiding disturbance between approximately 20 minutes, including gathering tables and chairs, and taking a bath for the large interest, within the main store of “D” operated by the victim C in Busan Jin-gu, Busan, Busan, the Defendant obstructed the victim’s main store business.

2. The Defendant interfered with the performance of official duties, at the time and place set forth in paragraph 1, and at the time and place set forth in paragraph 1, the Defendant took a bath to the police officer F, a police officer belonging to the Busan Police Station E District, who was called out after receiving 112, and obstructed the police officer’s legitimate performance of duties concerning the handling of the reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of statutes on site photographs;

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;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the scope of recommended punishment) of the suspended sentence;

1. Obstruction of business: One month to eight months (the area in which the business is mitigated shall not be punishable);

2. Obstruction of the performance of official duties: From six months to one year and four months (the basic area of the obstruction of the performance of official duties (the obstruction of the performance of official duties and the coercion of the duties).

3. Handling multiple crimes: Consideration of six months to one year, and eight months (a sentence of sentence] that the defendant has the attitude to recognize and reflect the crime, that the defendant has agreed with the victim C, and that there is no history of crime exceeding the fine.

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