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(영문) 수원지방법원 평택지원 2017.04.13 2016고단2431

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

around 02:30 on November 6, 2016, the Defendant: (a) at the D convenience store located in Pyeongtaek-si C where the Victim B works on November 6, 2016, “A person under the influence of alcohol has taken her part in her house”; (b) received 112 reports, and was urged by the Defendant to return home from G, F of the police station E box called out to that place, and F of the police station called out to that place, who was urged by the Defendant to return home from G, and was killed by the Defendant.

”라고 큰소리로 욕설을 하는 등 약 30 분간 소란을 피워 손님들 로 하여금 그곳에 들어오지 못하게 하고, 위 F의 가슴 부위를 팔꿈치로 밀고, 위 G의 배 부위를 무릎으로 찼다.

Accordingly, the defendant interfered with the operation of the convenience store of the victim by force, and interfered with the execution of official duties by assaulting police officers who were performing legitimate duties concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to G or F;

1. A written statement of B and H;

1. Application of the statutes governing damaged photographs and CCTV output photographs;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment with prison labor for the 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. Crimes that interfere with duties and assault police officers by taking advantage of the reasons for sentencing under Article 62-2 of the Criminal Act and the observation of protection and community service order, are not good.

The defendant has been punished for a disturbance in the police station.

The sentence shall be determined in consideration of the circumstances, such as the fact that the sentence is divided, the fact that there is no previous conviction exceeding the fine, the fact that the young children raise mixed children, and the fact that they agree with the owner of convenience stores.