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(영문) 울산지방법원 2018.06.12 2018고단487
업무방해등
Text

1. The defendant shall be punished by a fine of seven million won;

2. 10,000 won where the defendant does not pay a fine.

Reasons

Punishment of the crime

On October 18, 2017, the Defendant was sentenced to imprisonment for two years with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on the Aggravated Punishment, etc. of Specific Crimes (do referred to as "the principal offender") and was sentenced to three years of suspended execution on the 26th of the same month

1. On February 18, 2018, the Defendant obstructed the victim’s convenience store business by force over about 20 minutes, such as 03:40 minutes, where the Defendant, within the “E convenience store” located in Ulsan-gu, Ulsan-gu, Seoul-do, without any reason, went back to the convenience store without any reason and without putting things on the account unit, and putting off the vehicle into the account unit, and sprinking off the air conditioning, and threatening his body toward the victim F, an employee.

2. 공무집행 방해 피고인은 같은 일시, 장소에서 신고를 받고 출동한 울산 남부 경찰서 G 지구대 소속 경찰 관인 경장 H을 향해 “ 니 몇 살이고, 씨 발 새끼야, 재밌나

“In doing so, the horse H’s chest by hand was assaulted on two occasions, three times the left buck, etc., thereby obstructing the legitimate performance of duties concerning the handling of the horse H’s 112 Report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement;

1. Photographs at the time of the disturbance of duties or obstruction of performance of duties;

1. Previous conviction: References to inquiries, such as criminal history, and reporting of the results of confirmation of the previous conviction;

1. Relevant legal provisions concerning the facts of crime, 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 choice of each fine (the consideration of favorable circumstances required for the reasons of sentencing as follows);

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

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

4. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act in the case of the order of provisional payment.

1. The conditions favorable to the defendant shall be as follows:

It seems that the crime was committed by contingency, and the degree of damage is not significant.

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