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(영문) 울산지방법원 2017.08.17 2016고단4567
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 3, 2016, from around 14:00 to 17:00, the Defendant and B had the words “D restaurant” in the Ulsan-si, Ulsan-si, Ulsan-si, where they smoke in the restaurant while being drunk, and the victim E, an employee, “if he desires to smoke, she will go out of the restaurant.” The Defendant and B, who heard the horses, “I would like to sing off the restaurant. If you want to smoke, I would like to go out of the restaurant.”

B continued to singing, dance, singing the novel on the restaurant floor, and the Defendant was unable to enter the restaurant by leaving a large sound, and entering the restaurant.

Accordingly, the defendant and B interfered with the victim's restaurant business by force.

2. At around 17:00 on the same day, the Defendant: (a) received a demand from G during the process of carrying out the F police box called “Y, Chewing fran”; and (b) the Defendant received a demand from H to move out of the restaurant; (c) the Defendant took a bath to “Y, Chewing flax”; (d) fran toward G’s face towards the face while drinking on the floor; and (e) B continued to francing the body of G, and assaulted the G’s bridge on several occasions, including, but not limited to, a vehicle.

Accordingly, the defendant and B conspired with the police officer to interfere with the legitimate execution of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each written statement of E and I;

1. Application of Acts and subordinate statutes to an investigation report (time 25);

1. Article 136 (1), Article 314 (1), and Article 30 of the Criminal Act concerning the facts constituting an offense;

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 62(1) of the Criminal Act of the suspended sentence (which has no record of the suspension of the execution of the same kind) within the scope of application of the standards for multiple crimes to the basic area of interference with the execution of official duties in sentencing guidelines, basic area of interference with duties, in consideration of various circumstances such as the fact that there is no record

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