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(영문) 의정부지방법원 2015.06.16 2015고단1108

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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 08:00 on April 1, 2015, the Defendant: (a) obstructed business operations; (b) demanded an employee E to use a mobile phone in his/her possession for the victim who was in his/her possession, and demanded the victim F (20 years of age) to lend his/her mobile phone in his/her seat; (c) requested the victim F (20 years of age) to lend his/her mobile phone; but (d) he/she had the victim f (the victim f (the victim f (the victim 20 years of age) take care of the alcohol that he/she was in his/her alcohol while taking care of the victim F, thereby making the customer look at the way of the said restaurant by avoiding the disturbance for about 30 minutes.

Accordingly, the defendant assaulted the victim F, and interfered with the victim E-cafeteria operation affairs by force.

2. The Defendant committed an assault on the ground that police officers G belonging to the Gyeonggi Government Police Station of the Gyeonggi Government Police Station, who called out after receiving a report that the Defendant would avoid disturbance at the same time and place as above in the preceding paragraph, would restrain the Defendant, and assault the Defendant by taking a bath while taking a bath, and walking the mouth and part of the above G, etc.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to public peace and maintenance of order.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to G and E;

1. Each statement of F and H;

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Second crimes for which there is no basic area (6 to one year and four months), the basic area (6 to one year and four months) of the sentence of Article 62(1) of the Criminal Act (amended by Act No. 1) (amended by Act No. 1) (amended by Act No. 1) (amended by Act No. 1) (amended by Act No. 1) (amended by Act No. 1) (amended by Act No. 1) (amended by Act No. 1) (amended by Act No. 1) (amended by Act No. 1