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(영문) 울산지방법원 2017.11.13 2017고단3792

업무방해등

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

1. On October 13, 2017, at around 23:30 on October 13, 2017, the Defendant: (a) listened to the victim C’s “convenition store” in Ulsan-gu, Ulsan-gu; (b) listened to the victim’s expression that he could not pay money from the damaged party; (c) talked with the victim about 30 minutes, such as the victim’s large interest; (d) continued to place the wall and the mobile phone possessed by the Defendant on the floor; and (e) put the victim’s other customers who were next to the Defendant, also humping the victim.

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

2. On October 13, 2017, the Defendant interfered with the performance of official duties, at around 23:58, at the place of the preceding port, and at around 23:58, and at the same time, after receiving a report on the Defendant’s failure, the Defendant was subject to the control from the police officer E and slopeF belonging to the Ulsan-gu Police Station D District Unit in the Ulsan-gu Police Station, Ulsan-do, where he was called, and the Defendant was under the control of the police officer.

He or she inevitably expressed his or her desire, such as "I am to walk", and continued to do so to the above E, such as "I am to move", and threatened the face of the above E with drinking, and attempted to walk the above E.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning the dispatch and patrol of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes in writing C;

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

1. Although the Defendant asserts to the effect that he was in a state of mental or physical weakness at the time of committing the instant crime, he/she does not accept such assertion in light of the various circumstances shown in the record and pleading.

【Sentencing is in the same period of suspension of execution, or multiple times for the same crime.