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(영문) 부산지방법원 2015.05.20 2015고단1099
업무방해등
Text

A defendant shall be punished by imprisonment for four 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 December 6, 2014, around 02:45, the Defendant interfered with his/her duties, at the crosswalk of the Gandong 3 Public Security Center located in Busan, Busan, the Defendant: (a) prevented the victim C, who is a taxi engineer, from blocking the front of the said taxi without any reason any defect that he/she intends to place two customers on the taxi; and (b) laid down the head unit of the si on the stum of the taxi.

The Defendant continued to listen to the language “I must start from the taxi, I need to start a vehicle,” and was on the string of the taxi, “I do not have any money,” and “I do not have any money, I do not have any money, so I do not have any disturbance for about 15 minutes.”

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

2. On the same day, the Defendant: (a) received a request from 112 reported at the place specified in paragraph (1) above; (b) 3 times from E in the circumstances surrounding the Busan Jindo Police Station D District; (c) “A bitch, bitch, bitch, bitch, bitch,” which means “a bitch, bitch, bitch, bitch, bitch, in which the inside of the city is taxi,” and assaulted the face of the above E once.

Accordingly, the defendant interfered with legitimate execution of duties concerning the dispatch of police officers to the field.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to the investigation report;

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

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No person who does not follow only the minimum of the sentence of recommendation of the basic area (six months to one year and four months) (the lowest of the sentence of imprisonment for the obstruction of performance of official duties) (the person who is a special person] [decision of sentence] the defendant's wrong and reflects the victim.

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