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(영문) 울산지방법원 2017.10.12 2016고단4567 (1)
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 3, 2016, from around 14:00 to 17:00, the Defendant and B had the words “D restaurant” located in Ulsan-si, Ulsan-si, Ulsan-si, that smoking in the restaurant together with smoking in the restaurant, and the victim E, an employee, “if he desires to smoke out of the restaurant,” refers to a change in the restaurant.”

The Defendant continued to singing, dance, sing the novel on the restaurant floor, and B singing the disturbance by leaving the restaurant with a large sound, and preventing customers who had entered the restaurant from entering the restaurant.

Accordingly, the defendant and B interfered with the victim's restaurant business by force.

2. At around 17:00 on the same day, the Defendant and B received a demand from G during the police box to move out of the restaurant, and B received a demand from G during the police box to move out of the restaurant, and that “Y, Chewing fran,” and the Defendant sent a drinking to G on the face of G to the face of G, and continued to assault the Defendant’s body to go up on the side of G, and assaulted the G’s bridge on several occasions, including, but not limited to, the following.

Accordingly, the defendant and B conspired with the police officer to interfere with the legitimate execution of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. B Legal statement;

1. Statement of the police statement related to G;

1. Each written statement of E and I;

1. Application of Acts and subordinate statutes to an investigation report (time 25);

1. Article 136 (1), Article 314 (1), and Article 30 of the Criminal Act concerning the facts constituting an offense;

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 provides that the criteria for the treatment of multiple crimes shall be applied to the basic area of interference with the execution of official duties and the basic area of interference with the execution of official duties, taking into account various circumstances, such as the fact that there is no past record of the suspension of the execution of the same punishment, the background of crimes, the attitude of reflect

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