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(영문) 울산지방법원 2017.02.07 2016고단4564
공무집행방해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 11, 2016, the Defendant: (a) was required to pay the drinking value from the injured party while drinking alcohol at a “E” restaurant operated by the injured party D (hereinafter referred to as “E”) in Ulsan-gu, Ulsan-gu; (b) the Defendant was so demanded to pay the drinking value to the injured party; (c) “Ie, Ie, for the same year, Ie, for the same year, Ie, for the foreign year, Ie, for the aged and Feas, for the aged and Feas.

D. The 20 minutes’ force interfered with the victim’s restaurant operation work by means of the victim’s force, such as “Absing the victim’s cream,” or “absing the victim’s cafeteria,” or “absing the part of the victim’s cafeteria.”

2. On October 11, 2016, the Defendant, who interfered with the performance of official duties, received a report at the above place on October 22, 2016 and received a statement from the Assistant F belonging to the Ulsan-dong Police Station of the Ulsan-dong Police Station, and received a statement on the circumstances of the instant case, wanting to go to toilets.

In doing so, F, as well as the bath that would be difficult for F to put in the toilet position, "brush", the victim's face at one time with the hand floor and interfere with F's legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, D, and G;

1. On-site photographs;

1. Reporting of investigation results and the application of the Acts and subordinate statutes governing investigation reporting;

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Social Service Order Act: (a) Crimes No. 1 (Obstruction of Performance of Official Duties) in the basic area (from June to January 4) (No person subject to special sentencing) [No person subject to special sentencing] [the scope of the recommended punishment] in the area of mitigation (from January to August 8), [the scope of the recommended punishment] in the area of mitigation (from January to August 8), [the person subject to special mitigation] in the area of mitigation (the scope of special mitigation] [the scope of final sentence due to the aggravation of multiple crimes] [the scope of punishment] in the area of mitigation [the amount of punishment [the person subject to special mitigation] in six months to one year and eight months [the scope of sentence] in favor of the victim D.

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