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(영문) 서울중앙지방법원 2017.06.01 2017고단2226

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 26, 2017, the Defendant: (a) was under the influence of alcohol at the heading house located in Gangnam-gu Seoul, Seoul on March 26, 2017; (b) was unable to avoid disturbance for about one hour for about 1 hours, including that: (c) the Defendant: (a) was unable to force the Defendant from drinking at the heading house located in Gangnam-gu, Seoul; and (d) the Defendant, the owner of the plant that controls the heading the heading of the plant (nick, 48 years of age); and (c) the Defendant was deemed to be “nick,

Accordingly, the Defendant interfered with the operation of the restaurant of the victimized person.

2. The Defendant obstructed the performance of official duties, on the ground that the police officer E, a police officer belonging to the Seoul Southern Police Station D District Police Station, who was dispatched to the place after receiving a report on the same criminal facts as the date and time set forth in paragraph (1) and reported at the place set forth in paragraph (1), was urged to return home and return home, and thus, the Defendant committed assaulting the police officer’s buckbbbbbs twice.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of police officers and the prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

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

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment with prison labor for the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the final sentence according to the aggravated punishment for multiple crimes, where the basic area of crimes (Interference with Duties) consisting of Class 1 (Interference with Execution of Duties) (In June to one year and six months), the basic area of crimes (Interference with Duties) (in June to one year and six months) (in June to one year) of the sentencing criteria) of the sentencing criteria (in addition, with no special sentencing person), is in the basic area (in June to one year and six months), and where there is no specific sentencing person (in June to one year and six months), the scope of the final sentence according to the aggravated punishment: Six months to two years;

2. The crime of this case in which the sentence of sentence is to be sentenced is not against the law because the crime of this case is committed for a period of one hour, obstructing the cryp business, and assaulting the police officer dispatched after receiving a report.