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(영문) 수원지방법원 2015.12.10 2015고단4124

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 July 29, 2015, from around 21:40 to 22:10, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance due to the following: (a) the victim B’s “D” restaurant operated by the Sungnam-gu Macro-si C; (b) the sound was read to the customers; and (c) continuing to sound outside of the restaurant; and (d) the entrance was cut down in hand; and (c) the Defendant obstructed the victim’s restaurant business by force.

2. The Defendant: (a) expressed that police officers belonging to the Sungnam Police Station E-gu, Sungnam Police Station E-gu, Sungnam Police Station, who was dispatched upon receipt of a report by 112, “I ambling bit of bitch bitch bitch bitch bitch bitch bitch bitch,” and (b) assaulted the F’s bomb and bomb with her hand, thereby obstructing the police officer’s legitimate performance of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. The application of Acts and subordinate statutes to the appearance of a suspect flicked by a police officer who suffers damage;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of final sentence for the crime of interference with business based on the sentencing guidelines for the crime of interference with business [the scope of recommending punishment] set forth in category 1 (Interference with Business] (1 to 8) (the scope of recommending punishment] and the crime of interference with business of obstructing the performance of official duties [the scope of recommending punishment] and the basic area (6 to 1 year and 4 months) of the basic area (6 to 1 year) of the obstruction of the performance of official duties [the scope of recommending punishment]: June to 18 months;

2. In addition to the circumstances presented as a special mitigation of the sentence, the sentence shall be determined as per the order, taking into consideration the various circumstances, such as the fact that the defendant reflects on the sentence, the fact that the criminal defendant has a previous conviction for the same suspended sentence, the age, and the family conditions;