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(영문) 수원지방법원 안산지원 2016.04.07 2016고단436

업무방해등

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 February 13, 2016, the Defendant: (a) expressed the victim C (here, 45 years of age) in Ansan-si, Annsan-si, Annsan-si (hereinafter “D”)’s main point of “A” operated by the Defendant, without any justifiable reason, the Defendant: (b) expressed his or her desire for “Neman Stain, C, C, and C, who visited the place without any justifiable reason; (c) took actions that seem to be taken by his or her hand; and (d) obstructed the victim’s main business by force, such as smugglinging the tables.

2. 공무집행 방해 피고인은 2016. 2. 13. 19:30 경 제 1 항과 같은 장소에서 신고를 받고 출동한 경기 안산 상록 경찰서 E 파출소 소속 경찰 공무원인 경사 F(34 세 )으로부터 귀가할 것을 요구 받자 F에게 “ 씨 발 개 짭새 같은 새끼야 ”라고 욕설을 하면서 주먹으로 F의 복부를 1회 때려 경찰관의 범죄 단속에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of C’s written laws and regulations

1. Relevant Article 314(1) 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 public duties) and the choice of imprisonment for each crime;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the final sentence due to the aggravation of multiple crimes in the mitigation area (one month to eight months), the mitigation area (including a special mitigation person), the mitigation area (including a serious effort to recover damage), the punishment exemption area (including a serious effort to recover damage), the final mitigation area for multiple crimes, on which the punishment exemption area (including a special mitigation person), and the punishment exemption area (including a serious effort to recover damage): June to August to August:

2. The sentence shall be determined in full view of all the conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, sex, environment, and the circumstances before and after the instant crime.