logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.02.01 2018고단1726
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 March 19, 2018, at around 23:00, the Defendant: (a) sought a warning from the victim D, a staff member of the Defendant, “I must not be allowed to use friend while drunk; and (b) friend, I would like to talk with the surrounding customers using frienda while under the influence of alcohol; and (c) frienda, “I am frienda, I am frienda,” and frienda, “I am fritha, I am frienda, I am frienda,” and fritha ambritha 30 minutes.

Accordingly, the defendant interfered with the victim's privacy or business by force.

2. 공무집행방해 피고인은 같은 날 23:45경 위 장소에서 손님이 행패를 부린다는 내용의 112신고를 받고 출동한 부산진경찰서 E파출소 소속 순경 F으로부터 업무방해 행위를 중단하고 귀가할 것을 권유받자 “젊은 놈이, 아들 뻘 되는 놈이, 시발 새끼, 좆만한 새끼” 등의 욕설을 하며 머리로 위 F의 가슴부위를 수차례 밀어붙이고 손으로 때리려고 하는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on police statements made to D and F;

1. Relevant Articles 314(1) and 136(1) of the Criminal Act and the choice of punishment for the crime, the choice of punishment, 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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of the recommended punishment according to the sentencing guidelines is according to the increase of the second crime (Interference with Business) that has no basic area (6-1-6 months) of the basic area (6-1-6 months) of the obstruction of performance of official duties (the scope of the recommended punishment) [the scope of the obstruction of official duties] and the basic area (6-1-6 months) (the scope of the recommended punishment] of the basic area (6-1-6 months) (the scope of the person who has no special person).

arrow