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(영문) 광주지방법원 2017.02.14 2016고단5194

공무집행방해등

Text

Defendant shall be punished by imprisonment with prison labor for four months, and the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

- On October 23, 2016, the Defendant: (a) was called up at the Seoul Southern-gu Police Station C District District of the Seoul Southern-gu Police Station located in Gwangju-gu, Gwangju-gu, with the report of 112 on October 23, 2016; and (b) took a bath for the police in charge of the case of disturbance of the Defendant’s restaurant; (c) the circumstances leading up to the said District D belonging to the said District would bring about “Is, sings, sings, sings, and no answers” to the police in charge of the case of disturbance of the Defendant.

As the Defendant was removed from the Defendant, it was assaulted by the above D, i.e., “p., f.s., f.s., f.s., f.s., f.s., f.s., f., f.s., f.s., f.s., f.s., f.s., f.s., f., f.s., f.s., f.s., f.s.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the police accused;

1. Each protocol of statement made to the police about D and E;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (excluding a fine before and once in 1989) [the scope of recommending a person] the area of mitigation (one month to eight months), where the degree of violence, intimidation, deceptive scheme, or interference with public duties is minor, the part of dismissing the public prosecution - assaulting a person who has a minor degree of interference with public duties;

1. On October 22, 2016, the Defendant’s summary of the facts charged was the victim E (44 tax) among the victims of the instant cafeteria that had opened in the “G” restaurant located in the Nam-gu Seoul metropolitan area on October 22, 2016, and whether the said cafeteria operator sells the opening to the said cafeteria operator.

The reason for the rash was that the dispute occurred.

On October 22, 2016, at around 23:57, the Defendant again took a bath to the victim of Maju-ro, who was in the vicinity of the said restaurant, stating that “I will prevent the victim from putting him/her down at the front of the said restaurant,” and then booms the victim’s flap with his/her hand, booms the victim’s flaps, flads the victim’s left-hand arms, and flads the victim’s blap.