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(영문) 수원지방법원 성남지원 2015.10.01 2015고단1658

공무집행방해등

Text

A defendant shall be punished by imprisonment for four months.

except that 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. On June 8, 2015, the Defendant interfered with business: (a) around 03:30 on June 8, 2015, the victim C was refused to provide alcoholic beverages from the victim’s “D cafeteria” working in YY-gu, Sungnam-gu, Gyeonggi-gu; and (b) the victim voiced that “Ig, spath, and sium must be a member of the National Assembly”; and (c) interfered with the meals of customers in the place by avoiding disturbance for about one hour.”

Accordingly, the defendant interfered with the victim's work on the restaurant by force.

2. At around 04:50 on June 8, 2015, the Defendant committed assault by a police officer of the Sungnamnam Police Station Edistrict, who was called out after receiving a report of 112 among the places described in paragraph (1) and was urged to invalid from F of the police officer of the Sungnam Police Station Edistrict, who was called out after receiving a report of the disturbance, on one occasion at the same time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to C and F;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime

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

1. The grounds for sentencing of Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Act on the Suspension of Execution: Article 62(1) of the Act on the Suspension of Execution of Sentence I [Scope of Recommendation] that there is no basic field (6 to 1 year and 4 months) of the Act on the Suspension of Performance of Official Duties (the scope of Recommendation] [the scope of Recommendation] [6 to 1 year] of the basic area (6 to 1 year and 4 months) of the Act on the Suspension of Performance of Official Duties (the scope of Recommendation] [no special person] of the basic area (the scope of Recommendation] of the Act on the Suspension of Execution of Official Duties,