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(영문) 수원지방법원 여주지원 2018.02.14 2017고단1518

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 24, 2017, at around 22:20 on July 24, 2017, the Defendant: (a) took drinking in a 'E’ restaurant operated by the victim D' in the Gansi-si Suwon-si Suwon-si; (b) without any justifiable reason, the Defendant spits a large amount of noise; (c) embling theme on the floor; (d) b); (e) b); (e) b); (e) b); (e) b); (e) creamed on the floor; (e) b); and (e) b; and (e) 30 minutes of a disturbance; and (e) b); and (e) b); and (e) the customers, who had provided meals outside the restaurant, were frighted.

Accordingly, the defendant, in collusion with B, interfered with the victim's restaurant business by force.

2. On July 24, 2017, the Defendant interfered with the performance of official duties is holding a 'E' restaurant located in Young-si Suwon-si, D, and a 'E' restaurant expenses for drunk operation.

“Around 112, the police officers G, and H commit assault, as described in the foregoing paragraph 1, that caused disturbance to B, which goes beyond the floor, of the Western Police Station F District, which was called the above restaurant, and that, as described in the foregoing paragraph 1, Defendant G and the police officers of the Seocho-gu Police Station, which had been called the above restaurant, committed assault, such as: (a) causing disturbance to B; and (b) making the said H’s chest elbow with the upper part of the said G’s chest one time, with the upper part of

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant or B by the prosecution;

1. Statement made by the prosecution with regard to D;

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes to investigation reports (Obstruction of performance of official duties, etc.);

1. Article 314 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense (a point of interference with business) and Article 136 (1) of the Criminal Act (a point of interference with the performance of public duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is the first crime (Obstruction of the performance of official duties).