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(영문) 울산지방법원 2014.09.18 2014고단1389
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

1. Around 00:20 on April 26, 2014, the Defendant interfered with the business of the Defendant: (a) went to the victim D in Yangsan-si, which was operated by the victim D; (b) caused the victim to go to the guard room of the said victim on the ground that the said victim went to the guard room, and (c) caused the victim’s disturbance by harming the entry of the victim by avoiding the disturbance, such as destroying the goods, which were displayed for sale on the display counter, carried into the said set, carried into the mat, carried into the Mat and carried out the Mat to the guard room; and (d) thereby obstructing the said victim’s marina business by force.

2. The Defendant: (a) committed an act of obstruction of performance of official duties at a time, time, and place as stipulated in Paragraph (1) of this Article; (b) Haban Police Station G police box sent out after receiving a report that a person under the influence of alcohol would escape a disturbance; and (c) Hab the Defendant took a bath to the above police officers; and (d) Hab the chest of the above I, with a drinking hand, kid the chest of the said I, was snicked once, and boomed, and obstructed the Defendant’s lawful performance of duties concerning the prevention of the crime by the above police officers and the receipt of 112 reports, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and D;

1. Scirm photographs;

1. The application of Acts and subordinate statutes of each investigation report and investigation report;

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] The basic area of obstruction of performance of official duties (decision of the sentence) (6-1-1-4 months) and basic area of obstruction of performance of official duties (decision of the sentence] under the influence of alcohol (decision of the sentence), and violence against police officers dispatched upon receiving a report, etc. However, there is no past record of crime other than a fine one time, and it is against their depth.

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