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(영문) 서울남부지방법원 2018.01.10 2017고단3721
공무집행방해등
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are members of the workplace rent, and victims D are operators of the "F" main points in Yeongdeungpo-gu Seoul Metropolitan Government E and the second floor.

1. On April 17, 2017, the Defendants committed the joint crime: (a) around 01:25, around the main point of “F” operated by the victim D in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and the second floor; (b) around 20 minutes, the Defendants fluordd and fluordddd and fing together with each other, and expressed a bath to the customers who were in the vicinity of the bridge B B B, and flud and flud and fluddd and flud themselves.

As a result, the Defendants conspired with and enforced to interfere with the victim's main business.

2. Defendant A, at the time, at the place specified in paragraph (1) and at the place, as described in paragraph (1) and paragraph (1), was placed on the site after receiving a report from 112, and was dispatched to the site, and Hahhhhhh from the background leading to the Seoul Yongpo Police Station G G, Youngpo-gu, Seoul. The Defendant assaulted the above H, such as “hhhh’s bridge to be cut off by hhh,” when she puts the bath to “Whhh to be cut off by hhh,” and trying to walk the bridge of the above H at hand, and flaping the h’s fat.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order, such as suppression of police officers' crimes and handling of 112 reported cases.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Legal statement of the witness H;

1. Notification of a department related to reporting 112 cases;

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

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment for the crime: Articles 314(1) and 30 of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 136(1) (the point of obstructing the performance of official duties) of the Criminal Act, and Article 314(1) and Article 30 of the Criminal Act (the choice of imprisonment)

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A of a community service order: The reason for sentencing under Article 62-2 of the Criminal Act;

1. Defendant ..

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