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(영문) 부산지방법원서부지원 2020.12.23 2020고단1824
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 July 8, 2020, from around 19:00 to 19:35 on the same day, the Defendant obstructed the operation of the victim restaurant by force by avoiding disturbances, such as, under the influence of alcohol, putting him in the D restaurant operated by the victim C, which was located on the next table B, placing him on the floor without any reason.

2. At around 19:50 on July 8, 2020, the Defendant: (a) expressed a desire to “I am chrop, internal address,” to “I am asked questions about the personal information and the circumstances of the case from H, a police officer belonging to the G District in the Busan City Police Station G District, which received 112 reports; and (b) assaulted on the hand floor of H when I am the head of the Gu.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and I, investigation report of each written statement prepared by J, and application of CCTV video CD-related Acts and subordinate statutes;

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;

1. The grounds for suspended sentence under Article 62(1) of the Criminal Act are as follows: (a) comprehensively taking into account the circumstances leading to each of the instant offenses; (b) the degree of interference with business; (c) the degree of exercising force against victimized police officers; and (d) the Defendant’s age and happiness environment; (d) the motive and consequence of the commission of the instant offenses; and (e) the circumstances after the commission of the offense

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