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(영문) 광주지방법원 순천지원 2016.12.07 2016고단1709

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, 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. Around 07:00 on August 17, 2016, the Defendant: (a) expressed a desire to the effect that “E” restaurant operated by the victim D located in C at the time of influence to the effect that the victim’s payment of food and drinks attached to the city expenses is a large interest to the victim; and (b) expressed a bath to the effect that the victim’s “nicking” should be read as “nicking,” and obstructed the victim’s restaurant business for approximately 30 minutes by avoiding disturbances.

2. At around 11:10 on August 17, 2016, the Defendant obstructed the police officer’s legitimate performance of duties by assaulting the Defendant at a time of the head and the shoulder part of the above G, who was seated with the Defendant, and arrested him as a flagrant offender to G, etc., who belongs to the F District Unit of the F District Police Station, on the back seat of the patrol police station, starting from the F Zone, and starting from the F Zone at around the time of the passage of the 73-1 female post office at the Jeonnam-dong-dong, Jeonnam-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. Application of Acts and subordinate statutes to a report on investigation (for patrols and video images),

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

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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Type 1 (Interference with Business) (Special Convict) for the reasons for sentencing in the main sentence of Article 186 of the Criminal Procedure Act, which bears the burden of costs of lawsuit, shall be as follows: (a) for the reasons for sentencing in the main sentence of Article 186 of the Criminal Procedure Act, Category 1 (Decision of Obstruction of Performance of Official Duties/Compulsory Obstruction of Duties) [Scope of Recommendation] for the basic area / [Scope of Recommendation] for the purpose of obstructing the performance of duties from June to April 1 / [Determination of Sentencing] for the purpose of obstructing the performance of duties. (b) for the mitigation of punishment [Determination of Recommendation]