beta
(영문) 울산지방법원 2016.11.11 2016고단3701

업무방해등

Text

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

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around September 21, 2016, the Defendant refused to pay the drinking value at “D key point” in the operation of the Victim C at Yangsan-si.

A defendant who is requested by the victim to pay the drinking value, was unable to avoid a disturbance for about 30 minutes while taking a bath with a large sound and taking a bath.

After all, the Defendant interfered with the victim's main role operation by force.

2. On the same day as Paragraph 1, 23:36, the Defendant was urged to pay C the drinking value and return home from F, a police officer belonging to the Yangsan Police Station Estation, who called out after receiving a report of 112 that “the son wears a son.”

피고인은 화가 나 F에게 “이 씹할 놈아. 내랑 싸움 한 번 할래 씨불이지 마라. 눈깔을 확! 이 씹할 놈아 때리뿔라. 이빨을 다 뿌사뿔라. 야! 이 씹할 놈아. 이 전라도 깨깽이 같은 놈아. 니는 죽는다.”라는 등의 욕설을 하며 왼손으로 F의 가슴 부분을 3회 밀쳐 폭행하였다.

In the end, the Defendant interfered with the legitimate performance of duties by police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to F and C

1. Article 314 (1) of the Criminal Act and Article 314 (2) of the same Act concerning the facts constituting an offense: Article 136 (1) of the Criminal Act;

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

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

1. The first offense of the recommended sentencing guidelines (the crime of obstruction of the performance of official duties) (the determination of the punishment) without the first category of the obstruction of the performance of official duties (the crime of obstruction of the performance of official duties / coercion) (the scope of recommendations), 6 months to 1 year and 4 months (the basic area of the suspension of the execution of official duties) (the grounds for the suspension of the execution of official duties / there are no adverse reasons for the suspension of the execution of official duties).