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(영문) 울산지방법원 2015.01.22 2014고단3171

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. From around 00:30 on May 23, 2014 to 01:50 on the same day, the Defendant obstructed the victim’s singing business by force by putting alcohol in “Dnoe room operated by the victim C in Ulsan-gun, Ulsan-gun,” and preventing customers from entering the place where they had a disturbance, such as paying time fees, while speaking for large sounds, thereby obstructing the victim’s singinging business by force.

2. On May 23, 2014, the Defendant was informed by the police officer F of the fact that he/she was nominated as a violation of the Establishment of Homeland Reserve Forces Act, etc. at the place specified in paragraph (1), around 01:20 on May 23, 2014, and sent out after receiving 112 reports, and the Defendant was given notice from F

Chewing maglymnaments . Chewing

f. Quantities of bitch;

x. When being discharged from clothes, flaged off, and flaged, flaged, flaged, flaged, flaged, flaged the chest of the said F, and flaged the chest of the said F, by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the investigation of the case.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of C’s written laws and regulations

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

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(1) of the Social Service Order Criminal Act [Scope of Recommendation] The basic area of obstruction of performance of official duties (fence of performance of official duties/performance of official duties) (fence of June-1 and April) (fence of sentence] cannot be deemed to be less that a police officer dispatched upon receiving a report is liable for committing a crime. Considering that there are many similar criminal convictions such as violence, bodily injury, damage of property, etc., the defendant should be punished strictly, but the degree of assault is too serious.