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(영문) 서울남부지방법원 2015.09.24 2015고단3367

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 13, 2015, from around 12:30 to 13:00 of the same day, the Defendant obstructed the operation of the victim’s restaurant by force by force, such as: (a) from around August 13, 2015 to around 13:00, the Defendant: (b) at the C cafeteria operated by the victim B in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul (Seoul) of the victim’s underground shopping mall; and (c) at the victim’s meeting with other customers without the Defendant’s consent; (b) however, the victim: (a) stated that “I would see that I would be a large number of customers if I want to do so, I would like to do so; and (c) would prevent the victim from entering the restaurant by having the customer go against and going to enter the said restaurant by

2. On August 13, 2015, the Defendant interfered with the performance of official duties, around 14:10, on the street in front of the Yeongdeungpo Police Station E District located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, the Defendant: (a) committed an act of disturbance as referred to in the preceding paragraph, which led the victim to voluntary operation along with the said district; (b) prevented the victim from returning home; and (c) obstructed the victim, who completed the preparation of the written statement from the border F, belonging to the said district; and (d) obstructed the police officer’s legitimate performance of duties concerning the handling of 112 reports and public peace and the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Each G statement;

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

1. Relevant statutory provisions concerning facts constituting an offense and obstructing the choice of a sentence: Article 314 (1) of the Criminal Act to the point of obstructing the performance of official duties: Article 136 (1) of the Criminal Act;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria table;

(a) Basic crimes [Scope of Recommendation] Basic field of crimes such as Category 1 (Obstruction of Performance of Official Duties and Compelling of Duties) (6 months to 1 year and 4 months) (special person)

(b) concurrent crimes;