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(영문) 울산지방법원 2017.03.16 2017고단186

업무방해등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

1. On December 22, 2016, the Defendant: (a) around 23:40 on December 22, 2016, the Defendant: (b) obstructed the Defendant: (c) obstructed the Defendant from filing a lawsuit for approximately one-hour period of time, such as taking the body card balance presented for the accounting of the principal at the singing shop in Ulsan-gu, Ulsan-gu; (d) 23:40 on the part of the victim D (the age of 52); and (e) requested the victim to change other payment means; and (e) taking the victim’s desire, the Defendant was unable to evade the disturbance, such as taking the place of the container, pole, elevator door, wall, etc. into drinking and drinking

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

2. 공무집행 방해 피고인은 2016. 12. 22. 02:35 경 울산 남구에 있는 E 경찰서 주차장에서 제 1 항 혐의로 현행범인 체포 된 후 위 경찰서 소속 경위 F이 피고인을 울산 중부 경찰서 통합 유치장에 유치하기 위해 피고인을 이송차량에 태우려고 할 때 F에게 욕설하면서 발로 F의 배와 팔을 각 1회 찼다.

Accordingly, the defendant assaulted F, a police officer, and obstructed F's legitimate execution of duties concerning F's transfer of suspects.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the selection of fines) concerning criminal facts, and Article 136 (1) of the Criminal Act (the point of performing public duties and the selection of fines);

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;