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(영문) 수원지방법원 2016.06.09 2016고단1866
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 15, 2016, the Defendant: (a) obstructed the victim’s restaurant operation by force for about 1 hour and 30 minutes; (b) obstructed the victim’s restaurant operation by drinking around 02:00; (c) under the influence of alcohol, the Defendant 1 took a bath to other customers without any justifiable reason; and (d) took a water tank on the floor.

2. Interference with performing public duties;

A. The Defendant, at around 04:45 on the same day, obstructed the legitimate execution of duties by police officers on public safety and maintenance of order by spreading the head of the police box belonging to the police box belonging to the above police box, while drinking water into franc World Cup.

B. The Defendant, at the same day, 04:50 on the same day, took a bath to the police officer of the police box belonging to the Defendant’s wife in the course of boarding the Defendant’s vehicle of H, and obstructed the police officer’s legitimate performance of duties concerning public safety and maintenance of order by walking the part of the vessel once, while walking the police officer belonging to the said police box.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G and I;

1. Application of Acts and subordinate statutes in writing C;

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution (see, e.g., the recognition of his mistake and reflects on his mistake, the primary offender, the medical treatment for alcohol dependence after the instant crime, and the clear social relationship).

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