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(영문) 수원지방법원 평택지원 2015.09.04 2015고단1100
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. From around 00:30 on July 23, 2015 to 01:30 on the same day, the Defendant, without any justifiable reason, prevented customers who enter the said restaurant from entering, by avoiding disturbance, such as the 5,000 foot cover and the hamber container that the Defendant was drinking, from going to the said restaurant E, and shambr.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. The Defendant was urged to return home from three police officers belonging to the Fabs box dispatched after receiving 112 reports at the time and place of the above Paragraph (1).

The Defendant demanded the above police officers to take the house of the Defendant located in the ceiling, and expressed a bath, and assaulted the police officers G by plucking, plucking, cutting, and plicking the spawn of the police officer G once.

When the Defendant was arrested as a flagrant offender under the suspicion of obstruction of performance of official duties and was transferred to the F police box, the Defendant assaulted the police officer G, who continued to have prepared a protocol at a large level, such as spiting three times of aggressions.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of public order and the maintenance of judicial order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Each statement of H, D, and E;

1. Application of the Acts and subordinate statutes governing a mobile phone image photograph and CCTV image photograph;

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

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, crimes falling under the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act and crimes falling under the first sentence of Article 38(1)2 of the Criminal Act [the scope of recommending punishment] and second crimes (the scope of recommending punishment] that have no basic area (6-1-6 months to 6 months), the basic area (6 months to 6 months), and no special person [the scope of obstructing execution of official duties].

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