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(영문) 울산지방법원 2014.07.18 2014고단1455
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 22, 2014, from around 22:00 to 22:30 of the same day, the Defendant: (a) expressed the victim’s desire at “E” restaurant operated by the victim D (n, 56) in Ulsan-gu, Ulsan-gu; and (b) expressed the victim’s bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of

Accordingly, the Defendant interfered with the victim's restaurant business by force.

2. On the date and time of Paragraph (1) of this Article, while the Defendant was suffering from disturbance at the above place, the Defendant expressed the Defendant’s desire to take a large voice, “I am Da in the case of Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah Hah, who would keep the disturbance as a flagrant offender of interference

Accordingly, the defendant interfered with the legitimate execution of official duties on the criminal investigation by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G and I;

1. Each written statement of D;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act and Article 314(1) of the same Act (the point of obstruction of performance of official duties), the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. The suspended sentence is advantageous to the reasons for sentencing under Article 62(1) of the Criminal Act.

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