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(영문) 울산지방법원 2015.10.02 2015고단1789
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 12, 2015, at around 22:30, the Defendant: (a) requested the victim’s credit in the D cafeteria operated by the victim C in Yangsan City, but was refused and continued to demand the payment of the drinking value; (b) the Defendant was able to avoid disturbance over one hour, for instance, for the following reasons: (a) the Defendant provided the victim with a bath view that “Isium spice sprinke” was placed on the floor; (b) the spice spices were laid down on the floor; and (c) the Defendant spices and spices the customers

Accordingly, the defendant interfered with the victim's restaurant operation by force.

2. 공무집행방해 피고인은 같은 날 23:40경 피고인이 위와 같이 소란을 피운다는 신고를 받고 출동한 양산경찰서 E지구대 소속 경위 F로부터 위와 같은 업무방해 행위를 제지당하자 이에 화가 나 위 F에게 “야 이 씨발놈들아, 니는 뭐꼬”라고 말하며 왼쪽 팔꿈치로 위 F의 얼굴 부분을 때리는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement concerning F;

1. C’s statement;

1. On-site and photographs of damage;

1. Application of Acts and subordinate statutes to investigation reports (on-site situations, etc. at the time of leaving the site);

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. The reason for sentencing of Article 62-2 of the Social Service Order Act is due to the increase of multiple offenders who are not subject to punishment (including special mitigation) in the area of mitigation (one month to eight months) (one month) where there is no basic area (six months to one year and four months), and there is no basic area (two months to one year and four months), [the scope of recommending punishment] where there is no person subject to punishment (a person subject to special mitigation) and the area of mitigation (one month to eight months).

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