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(영문) 인천지방법원 부천지원 2018.07.25 2018고단1285

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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 April 29, 2018, the Defendant: (a) sought a “D” drinking house located in Busan on April 29, 2018; (b) sought from the Defendant to find an employee who was said to be “fash” to be “fash; and (c) demanded the Defendant to overfash the victim E (29 years) who is another employee; (d) continued to fash the face of the victim F (34 years), who is another employee, for three times as drinking.

2. The Defendant interfered with the duties of the Defendant, at the time, at the time, at the place, as described in paragraph 1, assaulted the drinking house employees as described in paragraph 1, and boomed with the large interest that “heats, fracks, fracks,” and fracks the employees, including the victim F, and fracks the water in the physical disease despite the detention of the employees, thereby obstructing the victims’ drinking house business by force.

3. The Defendant interfered with the performance of official duties was arrested as the current offender from the slope H, etc. belonging to the Seocheon-gu Police Station G District for the Seocheon-si Police Station that was dispatched after receiving a report from the Defendant, by assaulting employees, such as those described in paragraphs 1 and 2, at the D’s drinking house located in Seocheon-si, Busan, around April 29, 2018.

“Absingly, assaulting the face of the above H two times, thereby obstructing police officers’ legitimate execution of their duties in relation to the suppression and investigation of the crime.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. A written statement;

1. Application of Acts and subordinate statutes, such as photographs of victims of violence and police officers who have obstructed the performance of official duties, records of handling cases reported 112, and CCTV photographs;

1. Relevant provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the choice of imprisonment for each sentence, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Criminal Act, order to observe the protection;