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(영문) 수원지방법원 2016.06.23 2015고단5456

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Reasons

Punishment of the crime

1. On November 11, 2015, from around 21:00 to 22:00, the Defendant, who interfered with the business, was under the influence of alcohol at the main point of “D operated by the victim B in Suwon-gu, Suwon-si, Suwon-si, Suwon-si,” without any reason, “poner is to be discharged to the victim.”

The victim's main business was interfered with by force over one hour, such as making a crypology, "h", and collecting time fees to other customers who had been at the same time.

2. The Defendant, at the above date, at the above time and place, insultd the victim E, who was a customer with the above main points, is not a member of the young scarra.

C. Cracks, kins, knicks

"At the same time, the victim was openly insultingd in the presence of the above B, etc.

3. Around 22:13 of the above day, the Defendant obstructed the performance of official duties by the Defendant, upon receiving a report that the Defendant would avoid disturbance under the influence of alcohol, sent out to the site by the police officer G and the patrolman belonging to the F District Police Officer G, who was called the F District Police Officers G and H, and heard the circumstances of the instant case against the Defendant without any justifiable reason while listening to the circumstances of the case, and continued to stop down the chest part of the above H’s chest part with the hand-on hand, and continued to do so at one time.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B, E, and H;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, Article 136 of the Criminal Act, 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. Application of the sentencing criteria;

A. Group 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and four months), and there is no special sentencing factor.