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(영문) 울산지방법원 2014.11.06 2014고단1874
공무집행방해등
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 5,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On March 19, 2014, at around 00:05, the Defendants’ co-offenders of the Defendants: (a) drink three drinking in the “F” singing room operated by the victim E in Ulsan-gu, Ulsan-gu; and (b) returned home with only 100,000 won out of the drinking value; and (c) demanded the victim to pay 1.60,000 won of the remaining drinking value; (b) the Defendants expressed too much much drinking value to the victim; and (c) the Defendants expressed their desire to “the same young age in the weather.” (d) Defendant B took an attitude as to raising the victim and making it possible for the victim to do so; and (e) Defendant B interfered with the victim’s musical business by force of approximately 30 minutes of drinking volume.

As a result, the Defendants conspired with and by force interfered with the victim's singing business.

2. On March 19, 2014, at around 01:10, Defendant A, at the same place as above, solicited the Defendants to return home after paying the drinking value to the victim I (the age of 38) affiliated with the H District of the Ulsannam Police Station, Ulsannam Police Station H District, which was dispatched to the site after receiving a report on 112 on March 19, 2014, Defendant A assaulted the victim by assaulting the victim at one time, thereby obstructing the police officer’s legitimate execution of duties concerning the reporting duties, and at the same time, sprinking a spke wall that requires two weeks of treatment.

Summary of Evidence

1. Each legal statement of the witness J and I;

1. Each police statement made to J and I;

1. Written Statement;

1. Reporting on the preparation of a request for cooperation in investigation, investigation reports, recording records, and the application of statutes of a recording;

1. Relevant legal provisions pertaining to criminal facts A: Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), Article 257(1) of the Criminal Act (the point of injury), Articles 314(1) and 30 (the point of obstruction of business) of the Criminal Act (the point of obstruction of business): Articles 314(1) and 30 (the point of obstruction of business) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act for the commercial concurrence (Defendant A);

1. Defendant A who has chosen a punishment: Imprisonment;

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