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(영문) 의정부지방법원 2017.01.24 2016고단2210
공무집행방해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 13, 2016, the Defendant’s interference with the business was operated by the victim D (55 years old) of the victim D on May 13, 2016 (55 years old) in the E Singing room operated by the Defendant: (a) why it would be why the Defendant would have so.

C Ma fewn fewn few

The knife will be dumped.

".....................................

Accordingly, the defendant interfered with the victim's main role operation by force.

2. On May 13, 2016, the Defendant interfered with the performance of official duties: (a) at the G police box located in Sacheon-si F on May 13, 2016; (b) discovered that D, the operator specified in paragraph (1), completed an investigation and took a sound to return home, and followed the victim; (c) however, the Defendant was removed from H where he was assigned by the said police box, and (d) carried the chest of the said police officer on his hand by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each statement of D and I;

1. A criminal investigation report (to listen to D phone statements in sing place business), and a criminal investigation report (to confirmCCTV images);

1. Business registration certificate and business permission;

1. Application of CCTV output, CD-related Acts and subordinate statutes;

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. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: The scope of final sentencing due to multiple concurrent crimes (one to one year and four months) in the basic area (six months to one year and six months) [the scope of recommended punishment] that there is no person subject to special sentencing]; and the basic area (the scope of recommended punishment] [the scope of interference with the performance of official duties] of Type 1 (Interference with the performance of official duties and coercion of duties] of the basic area (six months to one year and four months] of the basic area (the scope of recommended punishment] of Category 1 (Interference with the performance of official duties and coercion of duties] [the person subject to special sentencing] of the punishment: June to two years and two months [the decision of sentence] of the public authority; and this is therefore, it is necessary to sound the light of the public power.

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