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(영문) 울산지방법원 2017.02.17 2016고단4589
업무방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 10, 2016, the Defendant was unable to avoid disturbance for about 20 minutes, such as under the influence of alcohol from the “Durel” operated by the victim C (the age of 57) in Ulsan-gu around 01:45 on December 10, 2016, the Defendant attempted to make the victim, the victim, and the above telecommencing customers in the direction room, opening the above direction room at the place of detention, and intending to enter the said telecomcing with his hand.

The Defendant, by force, interfered with the victim’s maternity business.

2. 공무집행 방해 피고인은 제 1 항과 같은 일 시경, 같은 장소에서 위 C의 112 신고를 받고 출동한 울산 남부 경찰서 E 지구대 소속 순경 F이 피고인을 상대로 모텔에 온 경위에 대해 묻자 F에게 욕설을 하며 발로 F의 낭 심 부위를 1회 찼다.

The Defendant assaulted F, who is a police official, thereby obstructing F’s legitimate execution of duties concerning F’s dispatch of reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A summary statement of the victim (C);

1. Application of Acts and subordinate statutes on internal reporting (to attachCCTV images);

1. Relevant legal provisions for facts constituting an offense, Article 314(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines (the point of obstructing the performance of official duties), and the selection of fines (the point of causing contingent crimes under the influence of alcohol, the first offender, the first offender, the crime of obstructing the performance of duties, the victim of the crime of obstructing the performance of official duties, and the fact that the degree of obstructing the performance

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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