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(영문) 부산지방법원 2016.06.15 2016고단1304
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 10:35 on January 30, 2016, the Defendant: (a) discovered a towed taxi at the towing station office located in Busan Jin-gu, Busan; (b) on the ground that the victim C, who is an employee of the towing station, told the Defendant that the Defendant “if there is no taxi, it would have been towed; and if there is no vehicle, it would be reported to the police station”; (c) caused the vehicle to open the glass of the said office in hand; and (d) caused him to open the said office glass on his hand, and continuously interfere with the management of the said office’s entrance and the wall by taking around about 20 minutes and the wall walking back on several occasions; and (d) caused the damage of the said office by force.

2. The Defendant interfered with the performance of official duties at the same place as around 11:10 on the same day, and the head of the police station located within the Busan District Police Station, which received a report from 112 on the same day, used assaulting the Defendant by assaulting the Defendant, such as “Nara, Sin Hara, and Sin Man Ma,” and assaulting the said E’s chest with both hand, thereby obstructing the police officer’s legitimate performance of duties concerning the handling of reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes of D;

1. Article 314 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

(a) Class 1 Crimes (Obstruction of Duties) (Obstruction of Recommendation) (Scope of Duties) and No. 1 Crimes (Obstruction of Duties) are basic areas (No person with a special sentencing sentencing range from June to January 6) (no person with a special sentencing range)

B. Group 2 Crimes (Obstruction of Execution of Official Duties) / [Scope of Recommendation] No. 1 Crimes (Obstruction of Execution of Official Duties and Compelling of Duties) are basic areas (six months to one year and four months) / None of special sentencing factors

C. The scope of final sentence due to the aggravation of multiple offenses: June to February 2.

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