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(영문) 서울서부지방법원 2018.02.07 2017고단3792

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 November 8, 2017, at around 01:00, the Defendant damaged a 20,000 won of the market price by leaving a board located in the said restaurant sales stand in his/her hand without any justifiable reason, while drunkly under the influence of alcohol from “E” operated by the victim D in Eunpyeong-gu Seoul Metropolitan Government.

2. The Defendant was unable to avoid disturbance for about 30 minutes by taking a bath to the victim F working in the said restaurant at the time and place described in paragraph (1) and allowing customers to return to the restaurant.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

3. The Defendant obstructed the performance of official duties at the date, time, and place specified in paragraph 1, and at the place specified in paragraph 1, that “a person who takes the main place raises a trial cost,” was urged for returning home by a policeman belonging to the Seo-gu Seoul Western Police Station G District, Seoul, which was called after receiving 112 reports, and was assaulted by the Defendant, by her hand, by cutting the arms of the above H, shakening his body, and

Accordingly, 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. Police statements made to D or H;

1. A written statement;

1. Application of the Acts and subordinate statutes on photographs of damaged articles and CCTV images-fashion photographs;

1. Article 366 of the Criminal Act, Article 314 (1) and Article 136 (1) of the same Act concerning facts constituting an offense (the point of obstructing the performance of official duties);

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 suspension of execution (in consideration of the circumstances, such as the fact that he/she reflects his/her mistake and has no record of punishment exceeding the fine);

1. An order to attend a course under Article 62-2 of the Criminal Act;