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(영문) 창원지방법원 통영지원 2019.08.14 2019고단539
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 May 12, 2019, at around 14:25, the Defendant interfered with the business, while drunkly drinking at the “OO restaurant for the operation of the Victim C in Masung-gun, Gyeongnam-gun, the Defendant interfered with the business of the Defendant, and obstructed the victim’s restaurant business by force by avoiding disturbances for about 30 minutes, including the victim’s flap, opening, etc., who entered the restaurant on the ground that the victim does not take any particular care of the Defendant’s horse.

2. At around 15:30 on May 12, 2019, the Defendant: (a) 112 reported to the effect that a customer satisfe in a restaurant at the place specified in the foregoing paragraph (1) of the same Article; and (b) took a bath to the effect that the Defendant satisfe, satfe, satfe, sate, satfe, and sate, satfe, sate, satfe, and sate, satfe, satfe, sat at the left hand.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to F, E, G, and C;

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 shall apply mutatis mutandis to concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of punishment by law: Imprisonment for one month to seven years;

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

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

(b) Class 2 crime (Interference with Business) (Determination of a type) interference with business.

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