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(영문) 서울서부지방법원 2015.06.04 2015고단898
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 7, 2015, from around 01:30 to 01:50 on the same day, the Defendant obstructed the Defendant’s business, in the Eunpyeong-gu Seoul Metropolitan Government and the “E’s operation of the victim D’s D’ in the underground, on the ground that: (a) one male and other customers in the name and the other customers of the said main shop, who are not themselves, are bad, singing out of the main shop; and (b) on the ground that the said customer’s micros are bad, preventing the said customer from singinging and singing; and (c) caused customers who were in the said main shop to get out of the main shop by getting out of the main shop.

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

2. The Defendant of the obstruction of performance of official duties, at the same time and place as paragraph (1) of this Article, expressed that “a woman under the influence of alcohol at the main toilet” was 12 reported and sent out by the Defendant, who is a police officer belonging to the F District of the Eunpyeong Police Station F District, was trying to take the Defendant out of the main room, and took the water branch and the beer World Cup, and expressed G with a large voice to “I see this dog, spaw, spati.” and sent G at one time by drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the dispatch of 112 reported police officers.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement related to D and G;

1. Application of Acts and subordinate statutes to photographs at occurrence site;

1. Relevant provisions of the Criminal Act and Articles 136 (1) and 314 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act (see, e.g., circumstances to be considered as the reasons for sentencing) [the scope of recommendation] the obstruction of performance of official duties is excluded from the crime of interference with business without the sentencing guidelines in the basic area (six to one year and four months) (excluding the decision of sentence] of category 1 (the obstruction of performance of official duties) and the basic area (six to one year and four months).

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