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(영문) 울산지방법원 2015.01.28 2014고단2825
업무방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 14, 2014, from around 00:10 to around 00:25 of the same day, the Defendant obstructed the victim’s food reception service by force by forcing the victim C, who was in Yangsan-si, to be drunk from the main point of “D” where the victim C works as an employee, to be “humping off the victim”, and neglecting the victim’s disturbance for about 15 minutes, such as taking into consideration the inside of the said main point and taking a large amount of interest, thereby obstructing the victim’s food reception service.

2. At around 00:15 on the same day as Paragraph 1, the Defendant committed an act of obstruction of performance of official duties at around 112, that a person drinking at the same place as Paragraph 1, F of the Gyeongyangsan Police Station, who was dispatched, arrested a flagrant offender under suspicion of interference with duties, and asked his personal information, and assaulted the offender’s chest on one occasion on the face of the above F on the part of the reporter by asking his personal information.

As a result, the defendant received 112 reports and interfered with legitimate execution of duties such as suppression and investigation of interference crimes by police officers dispatched.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes on the report of internal investigation;

1. Article 314(1) of the Criminal Act and Article 136(1) of the same Act (the point of obstruction of performance of official duties) of the same Act concerning the relevant provision of criminal facts and the choice of punishment, and the choice of each fine;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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