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(영문) 울산지방법원 2018.10.10 2018고단1538
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 24, 2018, the Defendant interfering with his/her duties: (a) on April 24, 2018; (b) on the part of the victim B (n, 45 years of age); and (c) on the part of the victim C, he/she may ask the victim to ask the victim, who is under the influence of alcohol on the part of the victim B (n, 45 years of age).

“Absinging the victim, she shall see the victim, and the other customers who are next to the victim shall be “Absing the hysium, hysing the hysium, to the hysium.”

C. C. C. C. C. typarism and typology f. typology f. C. 30 minutes of disturbance.

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

2. The Defendant interfered with the performance of official duties at the same time and place as indicated in paragraph 1, and at the same time and place as indicated in paragraph 1, saying, “I will tell customers who will be able to take a bath and unable to enter the place,” the police box affiliated with the Yangsan Police Station D police box sent out after receiving 112 a report, and solicited E to return home to the Republic of Korea upon questioning of his personal information, and subsequently, I see that “I am flap A” was “I am flab,” and dump

Accordingly, the defendant interfered with the legitimate execution of duties concerning reporting and handling duties by the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. A written statement;

1. Application of Acts and subordinate statutes to internal investigation reports (Attachment of photographs), investigation reports (Attachment of screen images at the scene of interference with duties), investigation reports (Attachment of photographs by cutting off CCTV images within a police box);

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Sentencing criteria;

(a) Class 1 Crimes (Obstruction of Duties) (Obstruction of Recommendation) (Scope of Duties) and No. 1 Crimes (Obstruction of Duties) are basic areas (No person with a special sentencing sentencing range from June to January 6) (no person with a special sentencing range);

B. Group 2 Crimes (Obstruction of Execution of Official Duties) / [Scope of Recommendation] No. 1 Crimes (Obstruction of Execution of Official Duties and Compelling of Duties) are basic areas (six months to one year and six months) / None of special sentencing factors)

(c) the final sentence scope resulting from the aggravation of multiple offenses: Imprisonment;

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