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(영문) 울산지방법원 2016.11.04 2016고단3273
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. Around 00:20 on September 23, 2016, the Defendant obstructed the victim’s business operation by force by avoiding disturbance for about 20 minutes, such as: (a) the Defendant’s sexual intercourse with the Defendant’s female sexual intercourse with that of the victim located in Ulsan-gu C, Ulsan-gu; (b) the Defendant left the place of his sexual intercourse; and (c) the Defendant took a desire to put the victim in his or her entrance; and (d) he or she took an interest in his or her place, thereby obstructing the victim’s business operation by force.

2. The Defendant, at the above date, at the above place, obstructed the police officer’s legitimate execution of duties concerning the duty of handling 112 reports by breaking away from G, a police officer belonging to the Ulsannam Police Station F District Unit of the Ulsannam Police Station, who received 112 reports on the said contents, and doing a breath difficult to put him into the said G, and in his hand, boomed the 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of statutes governing the management of field CCTV images and the 112 Reporting Case List;

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and 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. The scope of the recommended punishment according to the sentencing guidelines for crimes No. 1 (Obstruction of Performance of Official Duties) (Scope of Recommendation) and the scope of the final sentencing according to the aggravated punishment for multiple offenders who have no basic area (6-1-4 months) and no basic area (6-1-6 months) [the scope of the recommended punishment] [the scope of the obstruction of official duties] and the mitigated area (1-8 months) (including special mitigation] and the mitigated area (1-8 months), and the mitigated area of punishment (including efforts to recover damage): 6-1-14 months;

2. The records and records of this case, such as the circumstances below the sentence, and the age, character and conduct, environment, motive and background leading to the instant crime, means, methods and results thereof, and the circumstances before and after the commission of the crime.

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