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(영문) 인천지방법원 2018.04.19 2018고단1554
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 February 1, 2018, the Defendant: (a) obstructed the business of the Victim’s stores by force over about 20 minutes, such as:22:10 on February 1, 2018, when the Defendant intended to open a package without entering and calculating the “C convenience store” in Gyeyang-gu Incheon, Incheon, the Defendant: (b) obstructed the Victim’s stores by force, such as: (c) putting the Victim’s D (24 years) who is an employee at the place where the package was removed from the package; and (d) putting the Victim into the top of the string, opening, and cutting the string; and (e) 20 minutes of the Victim’s store operation by force.

2. On February 1, 2018, the Defendant interfered with the performance of official duties: (a) on February 1, 2018, to slope G, a police officer, who gets home in the F police box located in Gyeyang-gu Incheon Gyeyang-gu, and takes a bath for about ten minutes, “sponse, sponse, sponse, and sponse,” and threaten a police officer, who continues to be arrested in the column of interference with the performance of official duties and cancellation of the State of Public Administration.

The police officer's entry rank was made once on the head's side, when he/she gets home and gets home.

As a result, the defendant interfered with legitimate execution of duties concerning the maintenance of order, such as duties within police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Investigation report (to attach CCTV images to CCTV boxes related to interference with the performance of official duties);

1. Application of Acts and subordinate statutes to photographs damaged;

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 stay of execution (The following sentencing shall be taken into account, etc.):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Class 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (No person who is subject to special sentencing for six months or one year or six months) shall be the basic area (no person who interferes with Execution of Official Duties).

2. Interference with the affairs of the second crime (referring to the scope of punishment recommended).

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