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(영문) 광주지방법원 2017.03.31 2017고단516

업무방해등

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 January 24, 2017, at around 21:50, the Defendant: (a) heard the phrase “D” restaurant operated by the victim C in Gwangju Northern-gu, that the ice-distance will return to the house from the victim of the congested horse; (b) the victim expressed a bath for “Sewn Z, A, and B of the same year”; and (c) was unable to avoid disturbance for about KRW 1 to 30 minutes on the floor, such as lying the ice-distance on the floor.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

2. The Defendant, at around 23:40 on January 24, 2017, was arrested as a current offender due to the interference with the above duties at “D” restaurant, and arrived at the F District of the Police Station of the 112 patrol lane 23:50 on the 112 patrol lane, he spits down on the face of the sloping G located in the 117 North Korean police station of the 112 patrol region in Gwangju Northern-gu, Gwangju, and around January 25, 2017, the Defendant spits on the face of the sloping G located in the sloping G where he was working in the toilet at the above sloping on January 25, 2017, and expressed the desire to “I spit off the spit in the face and clothes,” and spit the spit in I face.

“The expression was expressed as “...”

Accordingly, the defendant assaulted police officers who are public officials performing legitimate duties such as arrest of flagrant offenders and service on global conditions, thereby hindering the execution of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Each description of C, I, G, and H;

1. Application of statutes on images of field photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment for a 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is very poor in view of the observation of protection and community service order, and the background and content of the crime.

The attitude of the police should be criticized.

The defendant has been guilty of eight times of violence.

Provided, That all previous convictions prior to 30 years shall be excluded.