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(영문) 수원지방법원 성남지원 2013.07.25 2013고단843
업무방해등
Text

A defendant shall be punished by imprisonment for six 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 4, 2013, from around 23:10 to 23:50, the Defendant interfered with the operation of the hospital by force, such as the victim F's bottle and patient management, etc., who is an employee of the above hospital, by making a report to the 112 and making a police officer visit the hospital and making a request for the measurement of alcohol to the inpatients, and thereby obstructing the operation of the hospital by force.

2. The obstruction of performance of official duties and the Defendant was requested by the staff and assistant I of the subordinate police station that sent out after receiving a report at the time and place specified in the above Paragraph (1) for the reason that he interfered with the hospital operations.

As the Defendant continued to avoid a disturbance with a large interest, the Defendant shamped the above I, shamped the back of the back-to-face of the above H, knicked the face part of the above H with his hand, and obstructed the police officer’s legitimate performance of his duties, and conducted an interview with the victim H (ma, 53 years old) where the number of treatment days cannot be known, at the same time,.

Summary of Evidence

1. Each legal statement of witness F, I, and H;

1. The police statement of H;

1. Application of statutes on photographs of damage;

1. Article 314(1) of the Criminal Act corresponding to the relevant criminal facts; Article 136(1) of the Criminal Act; Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Judgment on the assertion of Article 62(1) of the Criminal Act

1. The defendant and his defense counsel asserted that the execution of official duties by police officers is not illegal, and that the injury done in the process constitutes a legitimate act as an act of resistance against illegal arrest.

2. According to the respective legal statements of the witness F, I, and H, the Defendant is hospitalized by the patients at least 11 p.m. at night.

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