beta
(영문) 수원지방법원 안산지원 2016.04.07 2016고단15

공무집행방해등

Text

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

Of the facts charged in the instant case, a public prosecution as to insult and assault is respectively instituted.

Reasons

Punishment of the crime

[2016 order 15]

1. From November 21, 2015 to around 22:30 of the same day, the Defendant, who interfered with his/her duties, drinked the mixed alcoholic beverage at the 'cafeteria’ operated by the victim D (n, 46 years old) located in the Gyeonggi Gambling Co., Ltd. from around November 21, 2015 to around 22:30 of the same day, he/she is able to engage in the said victim’s dye for the same year.

Along to about 1 hour and 30 minutes of disturbance, such as obsting and singinginging to “the same openings,” the victim’s restaurant business was interfered with by force by avoiding disturbances for 1 hour and 30 minutes, thereby obstructing customers’ entry.

2. On November 21, 2015, the Defendant interfered with the performance of official duties: “The same bitch bitch bitch bitch bitch bitch bitch bitch bitch xch xch xch xch xch mar, which was called to the scene after receiving a 112 report as to the above 112 report as to the above 112 report as to the above 22:35 p.

"Absing the above victim's face with his/her hand and obstructing the legitimate execution of duties by police officers who are on night duty in the police box.

[2016 Highest 143] From around 23:30 on November 10, 2015 to around 00:10 on November 11, 2015, the Defendant interfered with the victim’s restaurant business operation for about 40 minutes by taking advantage of the disturbance, such as taking the victim I (39 years of age) in the “J cafeteria” restaurant operated by Yeongdeungpo-gu Seoul Metropolitan Government H, as large as the victim I (39 years of age), and intending to take the victim’s desire to take the part in the restaurant.

Summary of Evidence

[2016 order 15]

1. Statement by the defendant in court;

1. The descriptions of each statement in D or G preparation;

1. A statement of the details of processing of reported cases in 112 [2016 order 143];

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes in the statement prepared by K;

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

1. The basic area of Type 1 (Obstruction of Execution of Official Duties) that interferes with the execution of official duties (Obstruction of Execution of Official Duties) under the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the scope of punishment recommended for sentencing, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes.