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(영문) 울산지방법원 2015.03.27 2014고단3197 (1)

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On August 31, 2014, from around 21:30 to 22:15 of the same day, the Defendant and B conspired with each other to drink and drink in the “E” restaurant operated by the victim D in Ulsan-gu, Ulsan-gu, the Defendant: (a) while drinking alcohol by ordering food and drink in the “E” restaurant; (b) the Defendant: (c) took a bath to other customers on the side table, and (d) took advantage of glass b; (c) took advantage of glass b; and (d) took food on the floor; and (d) interfered with the victim’s restaurant business by force by force of other customers who drink in the restaurant.

2. On August 31, 2014, around 22:20 on the ground of obstruction of performance of official duties and violation of the Punishment of Violences, etc. Act (joint injury) the Defendant and B expressed that the Defendant expressed that the Defendant: (a) the Defendant: (b) the Defendant: (c) placed the F District of the Ulsannam Police Station F District that was called out after having received 112 reports on the ground of obstruction of duties under paragraph (1); (d) placed the said G’s chest on both hands; (c) frank the police uniform; and (d) “the bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch son,” and (d) expressed that the Defendant expressed both hands at the right depth part that

As a result, the defendant and B conspired with the police officer to interfere with the legitimate execution of duties concerning the handling of the 112 reported case, and at the same time they jointly inflicted an injury on the G.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes of D;

1. Relevant Articles 314(1) and 30 of the Criminal Act concerning criminal facts, Articles 136(1) and 30 of the Criminal Act, Article 2(2) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the crimes of violation of the Punishment of Violences, etc. Act, and the crimes of violation of the Punishment of Violences, etc. Act with heavier punishment (the crimes of joint injury);