logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.05.15 2019고단3887
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 4, 2019, the Defendant interfered with his duties: (a) around 22:30, the Defendant was at D main points operated by the Victim C (Woo, 48 years old) in Ulsan-si, Ulsan-si; (b) without any particular reason, the Defendant was unable to avoid disturbance for about 2 hours, including, but not limited to, drinking alcohol, drinking alcohol, etc. for customers.

Accordingly, the Defendant interfered with the principal operation of the victim by force.

2. At around 00:49 on July 5, 2019, the Defendant expressed that the Defendant would be required to pay the drinking value and return home from the police officer F of the Ulsan Central Police Station Escoping Police Station Escoping the Defendant called out after having received the said 112 report that the Defendant would avoid disturbance as above, and that F would be required to do so, and that F would be required to read “I am f, and we cannot see as bit bit bit bit bit bit bit bit bit bit bit,” and that F would be said to have taken one time the back of F’s recopic body.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of C and G;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;

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

A. First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties) No. 54, 01 [No. 1] Obstruction of Performance of Official Duties / No. (Special Aggravation of Punishment) [Scope of Recommendation and Recommendation] Basic Field, 6 months to 1 year and 6 months

(b) Class 2 crime (Interference with Business) [Determination of Punishment] Interference with Business. [Type 1] Interference with Business. (Special Disturber)

arrow