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(영문) 부산지방법원 2020.01.15 2019고단5699
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 23, 2019, around 02:43, the Defendant obstructed the victim’s singinginging operation by force for about 30 minutes, including: (a) the Defendant: (b) the Defendant: (c) the employees E at the place where the Defendant demanded the settlement of the usage fee in the “D” operated by the Busan Jindong-gu B and the third floor C; and (d) the Defendant obstructed the victim’s singinging operation by force for about 30 minutes, such as: (a) the Defendant was suffering from disturbance; (b) the Defendant was collecting credit cards from the victim C; and

2. Around 03:20 on September 23, 2019, the Defendant: (a) expressed the victim G, a police officer belonging to the Busan Jindo Police Station F District, who was dispatched after receiving a report at the front of the said place, that he was “scambling” at the place where players listen to; (b) followed the Defendant’s cell phone back into the said singing box to find the cell phone; (c) followed the Defendant into the said singing box; and (d) avoided the disturbance; and (d) the said attacked the Defendant, at the victim’s hearing, the employees of the said singing box read the victim as “scambling, sludge, scam, scam, scam, and scambling.”

3. The Defendant interfered with the performance of official duties by a police officer with respect to the prevention and suppression of a crime by putting a police officer, who belongs to the Busan Jinjin Police Station F District, in his hand and pushed away from the Defendant’s disturbance at the above time and place, and soliciting him to return home, thereby obstructing the police officer’s legitimate performance of duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written statement C, E, and G;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image analysis);

1. Relevant Articles 314(1) and 314(1) of the Criminal Act concerning criminal facts, Article 311 of the Criminal Act, Article 136(1) of the Criminal Act, the choice of imprisonment with labor;

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

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

1. The sentence of Article 62-2 of the Probation Criminal Act is based on verbal abuse of police officers for the reason of sentencing, and it is carried out to police officers.

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