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(영문) 부산지방법원 2018.01.18 2017고단5217
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 July 19, 2017, at the convenience store located in Busan Dong-gu, Busan around 22:50 on July 19, 2017, the Defendant: (a) was unable to avoid disturbance between 20 minutes, such as: (b) “The victim D and the convenience store, who is an employee, shall do so in time.”

Accordingly, the defendant interfered with the victim's convenience store sales by force such as allowing customers to leave the above convenience store.

2. The Defendant interfered with the performance of official duties at around 23:14 on the same day as “1” and at around 23:14 on the same place, prevented the Defendant from suffering disturbance by the police officer belonging to the Busan East Police Station E District of the Busan East Police Station, who was called “I am dead, I am dead, and I am dead,” and called “I am dead, I am dead,” and called “I am dead, I am on one occasion at the right side son of the above F.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

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

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;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Criminal Act are as follows: The scope of the final sentencing due to the aggravation of multiple crimes, including the mitigation area (one month to eight months), the mitigation area (including a serious effort to recover damage) [including a person subject to special mitigation] the mitigation area (including a serious effort to recover damage)] the mitigation area, and the mitigation area, and the scope of the final sentencing due to the aggravation of multiple crimes, where there is no person who has committed the crime in the basic area (from June to January, 1), the basic area (from June to June) of Article 1 of the Act on Interference with the Execution of Official Duties (Interference with the Execution of Official Duties) [the scope of the Recommendation] No. 62(1) [the scope of the Punishment shall interfere with the duties of a female victim who is over 60 years of age of the Decision of 60 months to October, and assault a police officer who restrains the performance of duties.

After 201.

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