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(영문) 울산지방법원 2019.02.15 2018고단3614
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

1. On November 27, 2018, the Defendant: (a) was under the influence of alcohol at the C convenience store located in Ulsan-gu, Ulsan-gu; (b) but did not discover Han-ju and bean.

Accordingly, the victim D (the 32-year-old) who is a part-time employee made intimidation that “I will do so if I wish to do so immediately, I will do so if I want to do so, I will do so. I will do so if I want to do so. I will do so.”

After diving, the defendant, the defendant, as a convenience store, had the customer take care of without any reason, and let the customer take out of the convenience store.

Accordingly, the Defendant interfered with the convenience store business of the victim by force for about ten minutes as above.

2. On November 27, 2018, the Defendant: (a) around 03:57 on November 27, 2018, the police officer, who was a police officer belonging to the Ulsan District Police Station E-districted by the Ulsan District Police Station, reported the above convenience store employees to investigate the circumstances leading up to damage; and (b) the police officer, while carrying out his/her body closely and in his/her hand, took one time the police officer’s title.

Accordingly, the defendant assaulted police officers who execute 112 reporting duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts and the point of obstructing the choice of duty: Article 314 (1) of the Criminal Act, the point of obstructing the performance of official duties by selecting imprisonment: Article 136 (1) of the Criminal Act, and the choice of imprisonment;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a month from one month to seven years and six months;

2. Application of the sentencing criteria;

(a) Category 1 (Interference with Business) (Special Corresponding Persons) (Interference with Business) - Nos. 1 (Special Corresponding Persons) - Nos. 1 to increase the number of factors to be mitigated;

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