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(영문) 부산지방법원 2019.05.08 2018고단5077
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 29, 2018, at around 21:10, the Defendant obstructed the victim’s main business by force for about 40 minutes until police officers are dispatched to the site, by avoiding disturbance, such as: (a) leaving the scene of “D” operated by the victim C (here, 57 years of age); and (b) taking the desire to “Cexpule,” without any justifiable reason; and (c) having the victim take the place of drinking at the above main place, thereby obstructing the victim’s main business by force until police officers are dispatched to the site.

2. On September 29, 2018, the Defendant committed assault at least three times with the face and neck of the above F in his/her hands, when he/she was in a disturbance at the place specified in paragraph (1) at around 22:00, and when he/she received 112 a report and sent to the scene, F of the situation belonging to the Busan F District Police Station E zone and Gman demanded presentation of identification card in order to verify the identity of the Defendant.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the laws and regulations of C, H and G

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

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

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) Class 1 crime (Determination of Types of Interference with Business) [No one] Interference with Business (Type 1] [No person who is a special person] [the scope of the recommendation field and recommendation range] basic area, imprisonment with prison labor for six months to one year and six months;

B. Second Crimes (Determination of Suspension of Performance of Official Duties) / [Attachment 1] No person who has been engaged in the obstruction of performance of official duties / [Attachment 1] / No person who has been engaged in the obstruction of performance of official duties (the scope of recommendation area and recommendation range] basic area, six months to one year and six months of imprisonment.

(c)Recommend recommendations according to the standards for handling multiple crimes;

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