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(영문) 울산지방법원 2018.10.31 2018고단1783
업무방해등
Text

A defendant shall be punished by imprisonment for six 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 June 6, 2018, from around 22:25 to 23:11 on the same day, the Defendant interfered with his/her duties is a “Esing shop” operated by the victim D in Ulsan-gu, Ulsan-gu, and without any particular reason, the Defendant is a police officer’s daily life for 40 years under the influence of alcohol.

It was difficult to avoid disturbance, such as making a large amount of sacrine and threatening the victim as the victim can sacrife.

Accordingly, the Defendant interfered with the main business of the victimized person by force between approximately 46 minutes.

2. The Defendant interfered with the performance of official duties and insultd with the foregoing paragraph 1 and 23:11 on the same day, at the same place, and without paying the drinking value, the Defendant’s failure to pay the drinking value.

“I would like to pay the drinking value from G of the F District of the Ulsan-gu Police Station G and H of the Ulsan-gu Police Station who was dispatched to the site after receiving the report of 112, and would be demanded to return home. At the place where D and employees of the said State, I would like to say that the said G is a police officer who was within the police officer, who was inside the police officer, and who was inside the police officer, was the victim.

100,000,000

개새끼야, 죽이 뿔라!” 라고 큰소리로 말하고, 이에 피고인을 현행 범인으로 체포하려는 위 H의 왼쪽 무릎을 발로 3회 찼다.

Accordingly, the Defendant abused the victim G openly, and interfered with the legitimate execution of duties concerning the handling of the report by the police officer H 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of each written statement and each of the Acts and subordinate statutes governing filing of complaints in the production of theD;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), Article 311 of the Criminal Act (the point of insult) of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

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 (the favorable circumstances indicated in the reason for sentencing) 1.

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