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(영문) 부산지방법원 2016.05.12 2016고단938
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 20, 2015, the Defendant: (a) obstructed the Defendant’s business from drinking alcohol at the “E” store operated by the victim D in Busan Northern-gu, Busan, on December 20, 2015, without any justifiable reason; (b) took the victim’s head debt to hand in his/her hand; and (c) took the victim’s head debt to restrain the victim’s head debt to hand in his/her hand; and (d) as a major interest to the customers of this weather, “I am frien, I am to go to go to the Defendant.”

”라고 욕설을 하며 바닥에 누워 뒹굴면서 탁자를 발로 차는 등 행패를 부려 약 10분 동안 그 식당에 들어오려 던 손님들이 들어오지 못하게 하거나, 식당에 있던 손님들을 그 곳에서 떠나게 하였다.

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

2. On December 20, 2015, at around 20:20, the Defendant obstructed the performance of official duties, upon receiving a report from the above E that the Defendant was frighting, and was arrested by G by the police officer G belonging to the F District of the F District Police Station of the Busan Northern Police Station, the Defendant committed assault by the Defendant, such as the Defendant’s frighting the chest of G three times in both hands, and the frighting lecture of G was cut off once.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the arrest of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and G;

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Criminal Act: The scope of final sentencing due to the aggravation of punishment [including a person who has been specially mitigated] by multiple offenders, who have no person in charge of the second-class crime (Interference with Duties) in the basic area (from June to January 1) (with no person in charge of special sentencing) [the scope of recommended punishment] [the scope of punishment] [the scope of punishment under Article 62(1) [the scope of punishment under Article 62(1) [the scope of punishment under Article 62(1) [the scope of punishment under Article 62(1) [the scope of punishment under Article 62(1) [the scope of punishment under Article 62(1)], the contents and crimes of the crime in this case, the defendant is inconsistent with the victim.

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