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(영문) 수원지방법원 2015.11.26 2015고단1478
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On March 13, 2015, the Defendant interfered with his duties: (a) was a person who works for a day at an organ center like C; (b) around 21:10 on March 13, 2015, the Defendant interfered with his duties in the “F” restaurant located E in the city of Osan for the operation of the Victim D; and (c) while drinking alcohol together with the said C, the Defendant, under his name and in the process of drinking alcohol, took a bath to the employees of the said restaurant; (d) was shicked to the above restaurant room; and (e) the Defendant obstructed the victim’s restaurant business by force, in collusion with C, by putting about 20 minutes of sound and taking a bath.

2. On March 13, 2015, the Defendant committed an assault to the police officer I who saw that the Defendant was arrested in flagrant offender due to the crime of paragraph (1) at the Sungdong Police Station located in Y on the Yasan City, 22:15 on March 13, 2015, and that the Defendant saw that the Defendant was arrested as a flagrant offender due to the crime of paragraph (1). However, the Defendant took a bath to the police officer I who saw that he was seated with the police officer who was in the above police box, and took a bath to the police officer I, and that he saw that he was seated.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the arrest of flagrant offenders and criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and D;

1. Written Statement;

1. Evidence photographs;

1. A photograph by closure of each dynamic image;

1. Application of each video CD-related statute;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is to the extent that the Defendant committed the instant crime even though he/she had been sentenced to a fine due to the occurrence of violent crime, and that he/she did not receive a letter from the victimized police officer, the victim D’s work and the police officer I’s performance of official duties is hindered.

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