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(영문) 의정부지방법원 2016.04.15 2015고단3649

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 3541]

1. On August 3, 2015, at the △△ point of “D main store” located in Gyeonggi-gun Group C around 22:10 on August 3, 2015, the Defendant committed assault in line with the head of the victim E (at the age of 59) who was seated immediately next to the instant main store due to the dispute between E and E operating the said main store, and was demanded to pay the drinking value first by E.

2. On August 3, 2015, from around 22:10 to 22:30 of the same day, the Defendant: (a) had been requested by the injured party to pay the drinking value first from the victim E and the drinking value at the △△△ point; and (b) had the victimized party collected the beer’s disease; and (c) had the victimized party take the disturbance at the place.

Accordingly, the defendant interfered with the victim's main business by force.

[2015 Highest 3649] On August 1, 2015, the Defendant: (a) on the street in front of G in Gyeonggi-gun F, Gyeonggi-do, 2015, that “the Defendant will interfere with the business by taking a bath before a prisoner is put in front of his/her house”; (b) upon receiving a report from 112, the Defendant was flading the Defendant, who is flading on the way by the police box of the Ha who was dispatched to the site by the police box of the Ha who was sent to the site by the Defendant; and (c) flading the Defendant, who was flad

The “Woo-to-be,” “I’s chests,” and “I’s chests,” were assaulted by two descendants, and interfered with police officers’ legitimate execution of their duties concerning the mobilization of reports and maintenance of order.

Summary of Evidence

[2015 Highest 3541]

1. Statement by the defendant in court;

1. Each police statement protocol for E and E;

1. On-site photographs of the case;

1. Each investigation report (2015 high group 3649);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to I;

1. Relevant Article 261 of the Criminal Act, Articles 260(1) (a) of the Criminal Act, Article 314(1) (a) (a point of interference with business) of the Criminal Act, Article 136(1) (a) (a point of interference with the performance of official duties) of the Criminal Act, and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;