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(영문) 서울북부지방법원 2017.09.28 2017고단3085

업무방해등

Text

The punishment of a defendant shall be eight months.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 25, 2017, the Defendant: (a) around 14:20 on June 25, 2017, at the D'D' restaurant working in Seongbuk-gu Seoul Metropolitan Government; (b) was locked after drinking so that he/she was dnick; and (c) C calculated the level of dnicking drinking, such as a guest, and dnicking drinking.

"Ding the defendant with the string of him."

The Defendant hicker C with a string that “I am hing the walth of it, I am hing the walth of it, walth of it, walth of it, walth of his cellular phone, walth of it on the table, walth of it, walth of 20 minutes, and walth of it, and walth of it, and walth of it.

The Defendant interfered with the victim C’s restaurant business by force.

2. 공무집행 방해 피고인은 같은 날 14:40 경, 같은 장소에서, 112 신고를 받고 출동한 서울 종 암 경찰서 E 지구대 소속 경찰관들이 피고인을 말리며 귀가를 종용하자 " 내가 뭘 잘못했어

‘Along with ‘Audio', I am on his own cellular phone, I am on the table.'

The police officer F attempted to arrest the defendant as a current criminal due to the suspicion of interference with the duties of the police officer, and the defendant resisted against F's face at low time, making F's face fall off, and tightly resisted by smuggling.

The Defendant assaulted F police officers who perform legitimate duties in relation to the maintenance of public peace and order, suppression of crimes, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to F and C;

1. Article 314 (1) and Article 136 (1) of the Criminal Act, which provides for the legal provisions on criminal facts;

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. Determination of punishment under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing guidelines recommended: Imprisonment with prison labor for up to two years and three months;

2. Decision of punishment: to recognize errors;

6 times a fine.