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(영문) 서울북부지방법원 2018.01.31 2017고단5272
공무집행방해
Text

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

On October 26, 2017, around 23:50 on October 26, 2017, the Defendant was under the control of whether the Defendant violated the obligations of general restaurant by the public officials E, F, and G belonging to the Gangwon-gu Office D in his/her office at the teahouse of the Defendant’s operation in Gangnam-gu, Seoul, and the Defendant was under the control of whether the Defendant violated the obligations of general restaurant. In order to confirm whether the above E was in contact with the restaurant kitchen of the above restaurant kitchen of the restaurant, and whether it was not engaged in any other violation, the Defendant was able to open the cooling house in order to look at the cry of the above E, and the Defendant’s permit for the business of the above E of the request for confirmation of the business license

With the knowledge of the fact that two persons are in a narrow place where it is difficult for them to pass, the said public officials to gather two beer bottles inside the floor and to shoulder the beer’s disease in the above E, with one of the shoulderer bottles, cut off the beer, cut off the beer’s disease in the air conditioners, cut it from the air conditioners, cut it back in the above E, cut it back in the air conditioners, cut it back in the above E, cut it back in the air conditioners, cut it off in the above E side, and then public officials thereafter put the glass cup into a wall at the place under control, cut it up, cut it on the floor, cut it up on the beer’s floor, cut it up on the beer’s body.

Accordingly, the defendant interfered with the legitimate execution of duties of public officials on the regulation of general restaurant compliance rules.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Act on the Suspension of Execution of Official Duties needs to be strict in order to protect legitimate performance of official duties in the country with the reason of sentencing and to establish a sound social order, and that the degree of abuse of official duties is not weak, that there is no criminal history, that there is no error, and that there is against the defendant's age, sexual behavior, intelligence, and environment;

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