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(영문) 광주지방법원 2016.09.29 2016고단2786
공무집행방해등
Text

Defendant shall be punished by imprisonment with prison labor for four months, and 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 June 24, 2016, at around 18:15, the Defendant interfered with the Defendant’s business, at the “D” restaurant operated by the victim C in Gwangju Northern-gu, the Defendant: (a) took a large voice on the grounds that the customers were abandoned; (b) took a beer’s body by gathering the beer who was in the place; and (c) took the beer’s disease at the seat; and (d) 4 beer’s disease on the beer’s body, putting up four beer’s disease on the beer’s body, putting up four beer’s strings on the beer’s floor; and (b) interfered with the Defendant’s restaurant operation by force until around 20:15, by force.

2. At around 20:30 on the same day, the Defendant obstructed the police officer’s legitimate execution of duties by assaulting the police officer’s 112 report handling of the reported case, by assaulting the FF’s chest, such as avoiding the disturbance and arbitrarily accompanying him/her to the district, even though the police officer belonging to the Seoul Northern Police Station E District, who was called out after receiving a report that he/she was frighting the fright, and demanding him/her to voluntarily accompany him/her to return to the district, and refusing to stop him/her, and preventing the F from standing him/her, and causing him/her to go against the said FF’s chest on his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the police accused;

1. Statement made to the police officer with F;

1. The application of C Statements, G Statements, H Statements, victim’s upper part, work logs, work logs, 112 reported case processing records, video CD-related Acts and subordinate statutes

1. Article 136 (1) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

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. Second crimes (Interference with Business) committed on the grounds of sentencing under Article 62(1) of the Criminal Act, where the degree of assault, intimidation, and deceptive scheme is minor in the mitigation area (one-month or August), the mitigated area (one-month or August) of the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution of Public Duties.

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