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(영문) 울산지방법원 2020.07.22 2020고단1310
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 06:43 on March 21, 2020, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance for about 30 minutes, such as under the influence of alcohol from “D” where the victim C works for the victim C in Ulsan-gu, Ulsan-gu, the Defendant: (a) b; (b) breabing the above table with his hand; and (c) breabing it.

2. On March 21, 2020, at around 07:18, the Defendant: (a) 112 reported at the place specified in paragraph (1) and tried to calculate the value of food to a police officer belonging to the Ulsannam Police Station E District of the Ulsannam Police Station E District; (b) but was not settled due to a lack of card balance; (c) embling the f’s chest at the time of drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement prepared in C;

1. Application of investigation reports (fields, etc.) and Acts and subordinate statutes to photograph CCTV images in each field;

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

1. Selection of each sentence of imprisonment;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Class 2 crime (Interference with Business) [Attachment 1] Interference with Business (Type 1] (Special Disturbing Persons): Reduction element of Punishment (including serious efforts for recovery of damage) [the scope of recommending area and recommendation].

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