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(영문) 울산지방법원 2016.12.08 2016고단3772
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On October 28, 2016, the Defendant: (a) around 23:40 on October 28, 2016, 2016: (b) around 20 minutes; (c) around the “sing points” for the victim D’s operation in Ulsan-gu, Ulsan-gu; and (d) under the influence of alcohol, the Defendant took a bath for customers in the main shop; and (e) took a b) took a look at with the table, which was inside the main shop.

Accordingly, the defendant interfered with the victim's main business by force.

2. The Defendant, at the same time and time, attempted to enter the above main points of the vehicle again after the Defendant, who was demanded the Defendant to return home from Ulsan Central Police Station E Zone F affiliated with the Ulsan Central Police Station E Zone of the Republic of Ulsan Central Police Station, upon receiving a report that the Defendant avoided the disturbance as above. Before the entrance of the above main points, the Defendant tried to “I am at the police station. I am am after reporting it no longer than 10 years and grow up.”

As F, the Defendant continued to refrain from the Defendant, the Defendant: “Ie, Duo, the police, bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch, sar, and internal movement.” The Defendant expressed F’s bath that “Ie f should do so.” In doing so, the Defendant continued to f, f, f, f, f, f, f, f, f, f.

Accordingly, the defendant assaulted a police officer to interfere with legitimate execution of duties concerning the police officer's reporting, departure and patrol duty.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement;

1. Each photograph;

1. Notification to a department related to reporting 112 cases;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 314(1) and 136(1) of the Criminal Act concerning the relevant criminal facts (the point of obstruction of performance of official duties and the choice of imprisonment);

1. From among concurrent crimes, crimes falling under the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, crimes falling under the first sentence of Article 38(1)2, and Article 50 of the Criminal Act (Scope of Recommendation / [Obstruction of Performance of Official Duties] and crimes falling under the second sentence (Interference with Duties) for which there is no basic area (6-1 year and April), the basic area (6-1 year and April), and no person falling under the second sentence (Interference with Duties) (Scope of Recommendation).

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