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(영문) 부산지방법원 2017.02.09 2016고단276
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On December 25, 2015, the Defendant: 18:35 on December 25, 2015, at the “D” restaurant operated by the victim C in Busan Jin-gu B, the Defendant is equal to a bit bit of a bit of a bit of a flue flue, flue, flue, and flue at the “D

Along with the 10-minutes, the victim’s restaurant business was obstructed by the threat of 10 minutes, such as the expression of “opens” and the interference with the eating of customers who were next to the garment, etc.

2. Around 19:00 on December 25, 2015, the Defendant: (a) received a report at the place specified in the foregoing paragraph (1) and received a report from 112 that there was a person who frighting to wear a fright while drinking; and (b) received a demand for a person to return home by paying a food value from the slope F belonging to the Busan Police Station E-gu Busan Police Station E-gu, Busan and received a demand for a driver to return home; (c) he saw the f’s face as “Chume,” and f’s face was displayed toward the F’s face; and (d) f’s face was abused by the head.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of report by the police officer.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement with respect to C and F;

1. Application of Acts and subordinate statutes to the investigation report (No. 3 times a year);

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

2. The sentencing period of Article 37 (former part), Article 38 (1) 2, and Article 50 (1) 1 (Interference with Business) of the Act on the Aggravated Punishment of Concurrent Crimes, Article 38 (1) 2 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 50 (Scope of Aggravated Punishment) No. 1 of the Act on the Aggravated Punishment of Specific Crimes (Interference with Business) is the basic area (6 months to 1 year and 6 months), and there is no person who has any special sentencing [the scope of a recommended punishment] / [the scope of a recommended punishment] the basic area (6 months to 1 year and 4 months) of the Act on the Aggravated Punishment of Concurrent Crimes (no person who has any special sentencing person] (the final sentencing person): The scope of a sentence may be sentenced] from June to 2 months [the Decision] of violence, poor quality of the crime, and no specific damage is recovered, and the sentencing condition indicated in the record.

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