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(영문) 울산지방법원 2016.10.13 2016고단2360
업무방해
Text

Defendant

A A shall be punished by a fine of three million won, and Defendant B shall be punished by imprisonment for six months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. On July 14, 2016, at around 02:20, the Defendants’ co-offendered with the victim D(58 years old) in Ulsan-gu, Ulsan-gu, with the influence of alcohol on the "Ejuk" operated by the victim D(58 years old) and without permission to speak against the employees of the said main shop, making it difficult for the Defendants to receive customers from the victim. However, Defendant A was able to take a bath that it is difficult for them to put in the said main shop, and Defendant B was frightd with the glass cup and water disease on the floor while taking a bath that it is difficult for them to put in, and Defendant B was spited with the floor.

Accordingly, the Defendants conspired and interfered with the main operation of the victim by force over about 20 minutes.

2. Defendant B continued to be arrested as a flagrant offender of the crime of interference with business from the above G and the above H, even though the Defendant received a report on interference with the operation of the above main points at the time, location, and location described in paragraphs (1) and (1) and received a request from the police officer G belonging to the F Zone of the Ulsannam Police Station, Ulsan-nam Police Station, and the police officer belonging to the same police officer, who was called up for the above main points.

그러자 피고인은 입에 담기 어려운 욕설과 함께 “우리가 뭘 잘못했는데 체포를 해”라고 하면서 위 G의 왼쪽 팔목을 잡아 비튼 다음 같은 팔목을 손톱으로 할퀴고, 계속하여 이를 제지하는 위 H의 팔목을 잡아 비트는 등으로 위 G와 위 H의 현행범인 체포에 관한 정당한 직무집행을 각각 방해하였다.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to police statements made to H, G, and I;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 314(1) and 30 of the Criminal Act: Article 136(1) of the Criminal Act

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention in a workhouse (Defendant A);

1. Suspension of execution (Defendant B);

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