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(영문) 울산지방법원 2013.08.08 2013고단1736
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:20 on April 17, 2013, the Defendant interfered with the business of interfering with the operation of the Victim D in Ulsan-gu, U.S., the Defendant 20 minutes of the disturbance, i.e., “h., f., f., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h.s., h., h., h., h.

2. The Defendant was arrested in a flagrant offender under suspicion of interference with the same duties as the preceding paragraph, and was detained in the Ulsan Central Police Station integrated detention room in the Ulsan Central Police Station in the Southern-gu, Ulsan Metropolitan City.

On April 18, 2013, the Defendant: (a) 02:00, at two places of the detention room at the above detention room, expressed a large voice to the custody officer, who was working while in the custody room, and expressed a strong desire to “this Chewing gue,” and (b) obstructed the Defendant’s legitimate execution of duties concerning the protection of the police officer’s custody, by taking care of the police officer’s face to prevent the police officer from doing so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment heavier than that prescribed by the crime of interference with business);

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. Article 62 (1) of the Criminal Act;

1. Although the sentencing reason of Article 62-2(1) of the Criminal Act on probation and community service order is not easy in light of the circumstances and contents of the obstruction of performance of official duties, the part that interferes with duties is the victims.

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