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(영문) 인천지방법원 부천지원 2016.07.07 2016고단1308

공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence 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 May 18, 2016, the Defendant obstructed the victim’s main business by avoiding disturbance by force, including: (a) ordering alcohol in the state of drinking at the D Garan-si operated by the victim C on May 18, 2016; and (b) receiving the victim’s request to return home on the ground that the victim had already been under the influence of alcohol in the state of drinking at D Garan-si operated by the victim C; (c) placing garbage in the said state of drinking and going back to singing room; and (d) putting the victim’s drinking room on the part of the victim.

2. Around May 18, 2016, the Defendant: (a) expressed that he would interfere with the performance of official duties; (b) the Defendant sent the disturbance at the above main station, as described in paragraph 1, and was demanded by F to return home from the security guards belonging to the Kim Jong-gu Police Station, the Defendant sent the disturbance to the entrance stairs at the above main station; and (c) expressed that “I am flick, h, h, and h, h, h, h, h, h, h, h, h, h) I am to the police officer’s legitimate performance of duties concerning the police officer’s crime prevention and maintenance of order; and (d) at the same time, the Defendant f(46 years) committed assault to the victim F (hereinafter referred to as the victim F) for two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to the scene, photographs of damaged parts, and diagnostic certificates;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties), Article 257(1) of the Criminal Act (the point of injuring an injury) and Article 314(1) of the Criminal Act (the point of obstructing duties);

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each sentence of imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. The reasons for sentencing under Article 62(1) (the following favorable circumstances) of the Criminal Act shall be determined as the same in light of the fact that the accused commits a mistake, and that there are two times the previous convictions of minor fine, and that there are two times the previous convictions of minor fine.