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(영문) 부산지방법원 2018.11.08 2018고단4004
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 11, 2018, the Defendant: (a) obstructed the victim’s main business for about 20 minutes, including: (b) the victim, within “E” operated by the victim D located in Busanjin-gu, Busan, demanding a more drinking value than his/her own idea; (c) the victim b) the victim scams, scam the ground by fasting two glass cups on the table; (d) the victim scams, scams, and scams; and (e) the other customers who were seated in the surrounding area, scams, and scams, scams, and scams about 20 minutes of the victim’s main business.

2. On August 11, 2018, the Defendant: (a) received a 112 report at the above place on August 22:31, 2018; and (b) sent out by G and police officers from the F District; (c) the Defendant expressed that “I am out of this dog. I am out, I am out, I h h h h h h h h h h h h h h h h h h h h h h h k h h h h k; (d) two kbbbbbb h kn h kn h k

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made to D or G by the police;

1. Application of the Act and subordinate statutes governing documentary evidence and field photo, CDs, 112 reported processing of the instant case;

1. Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of interference with the performance of public duties and the choice of imprisonment) concerning the 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 (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 201

1. Crimes 1 (Obstruction of Duties) applicable to the sentencing guidelines (the scope of recommending a person) and 2 (Obstruction of Performance of Official Duties) in the mitigated area (one month to eight months) (including special mitigation persons) [including serious efforts to recover damage] in the mitigated area (the scope of recommending a person] [the scope of recommending a person] and the mitigated area (one month to August).

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