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(영문) 부산지방법원 2017.02.09 2016고단6882
업무방해등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On October 10, 2016, the Defendant: (a) around 05:00, the Defendant: (b) demanded the victim to provide alcohol at “D cafeteria” in the Busan East-gu C market operated by the victim B; (c) but (d) the victim would have heard the victim’s words “on the rise of a large number of occasions, ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever.”

Accordingly, the defendant interfered with the victim's restaurant business for about one hour and 45 minutes by force.

2. The Defendant: (a) reported at the time and place indicated in paragraph (1) to the effect that the Defendant 112 reported that he was frighting, and sent out, at the Busan East Police Station E District Police Station, the victim F, who was a police officer of the Busan East Police Station, was asked about his personal information, etc.; and (b) on the job where the husband and wife of the victim and the unspecified customers are located, “Choe several lives, and the age of the Defendant is in accordance with the rule of age.

Madern snifies.

C. Hap. Hadern Had the victim was openly insulting by putting the victim into a large amount of interest.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to B and F;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. The grounds for sentencing under Article 62-2 (1), Article 62-2 (2) of the Criminal Act, Article 59 of the Act on the observation of protection and lecture attendance, Article 62-2 (1), Article 62-2 (2) (main sentence), Article 59 of the Act on the Observation, etc. of Protection, etc. [the scope of punishment] the basic area (from June to one year and six months), Article 1 (Interference with the Execution of Official Duties) [the scope of punishment] Article 2 of the Act without any special sentencing person [the scope of punishment] Article 62-2 (1), Article 62-2 (2) (main sentence), Article 59 of the Act on the Prevention, etc. of Protection, etc. of Crimes, and Article 59 of the Act on the Punishment, etc. of Juveniles: Six months to two years [the decision of sentence].

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