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(영문) 울산지방법원 2019.08.29 2019고단1953

업무방해등

Text

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

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

Reasons

Punishment of the crime

1. On May 11, 2019, the Defendant interfered with the business, around 23:05, 2019, read the chairs on the floor of the “D” restaurant operated by Yangsan-si B (the age of 45) and interfered with the business of the victim’s restaurant by force for approximately 30 minutes by avoiding the disturbance, such as: (a) writing the breath of the victim’s boom on his hand on the ground that the victim was prevented from doing any chilling to E, a guest on other tables; and (b) raising the victim’s cream on one occasion; and (c) raising the victim’s cream on the part of the restaurant.

2. When G police officers belonging to the Yangsan Police Station, who received 112 reports at the same time and place as stipulated in Paragraph 1 of this Article, demand the Defendant to produce identification card, the Defendant saw that “I am feasia” was “I am feasia,” and the Defendant saw the Sofasia on the floor, which is a dangerous object, as I am feasia and am on the floor, and tried to display his arms when G.

Accordingly, the defendant carried dangerous objects and interfered with legitimate execution of duties concerning G 112 reporting affairs, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each police statement protocol to C and G;

1. Relevant Articles 314(1) and 144(1) and 136(1) of the Criminal Act concerning criminal facts, the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to one year and three months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Interference with Business) (Interference with Business) [Type 1] Interference with Business (Special Disturbing Persons]: Reduction element of punishment (including serious efforts for recovery of damage): Reduction area (including the recommended area and recommendation range), reduction area, imprisonment with labor for one month to eight months;

B. Second Crimes (Special Obstruction of Performance of Official Duties) (Determination of Punishment) are crimes of obstruction of performance of official duties.