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(영문) 부산지방법원 2016.01.14 2015고단6821
공무집행방해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 16, 2015, from around 14:10 to 14:30 of the same day, the Defendant obstructed the victim’s restaurant business by force by making it impossible for customers to enter the victim’s restaurant business by having the victim’s wife take the influence of alcohol from the main E point operated by the victim D, and talking with the victim’s wife “to see that the victim’s wife talks about the drinking alcohol and talks about the side customer.”

2. On October 16, 2015, the Defendant interfered with the performance of official duties, on the ground that, at around 14:30 on October 16, 2015, the Defendant: (a) took a patrol around the places indicated in paragraph (1), the slope G and the police officer belonging to the Busan Central Police Station F District of Busan, who prevented the Defendant from carrying out restaurant business; and (b) taken the Defendant’s face at home and returned back to Korea; and (c) took the Defendant’s Ha’s seat at one time by hand, left the victim’s neck.

Accordingly, the defendant interfered with legitimate execution of duties of police officers' patrol duties.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 136 (1) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. For the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the first crime (Interference with the performance of official duties) [the scope of recommended punishment] committed on the basis of the first type of crime (Interference with the performance of official duties, from June to January), the basic area (Interference with the performance of official duties) [the scope of recommended punishment] that there is no special sentencing person] / [the scope of recommended punishment] the mitigation area (including January to August) of the mitigation area (including a serious effort for the recovery of damage) [the special mitigation person] the mitigation area of punishment (including a serious effort for the recovery of damage), the final sentencing scope according to the aggravation of multiple crimes: June to August 8 [the decision of sentence] agreed with the victim of the interference case, the occurrence of interference with the performance of official duties is without the same power in the case of interference with the performance of official duties, and the occurrence of each of the crimes of this case.

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