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(영문) 의정부지방법원 고양지원 2015.09.11 2015고단1398
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around May 29, 2015, the Defendant: (a) expressed that “E” under the influence of alcohol at a cafeteria of “E” operated by the victim D in Soyang-gu, Soyang-gu; and (b) expressed that “I am of bitch bitch bitch bitch bitch bitch xch bitch bitch chchchch,” and interfered with the victim’s restaurant business by force by avoiding disturbance.

2. At around 21:40 on the same day, the Defendant expressed the victim H the victim’s desire to find out the details of the report by the victim Goyang Police Station F District G, the background leading up to the F District G, the background leading up to the Defendant’s Goyang Police Station, and the victim G’s bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch.”

3. 공무집행방해 피고인은 제2항 기재 일시 및 장소에서 오른손으로 경위 G의 허리띠를 잡아 흔들고, 순찰차에 태우려고 하자 경위 G의 가슴을 발로 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers for the handling of 112 reported cases and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of H, G, and D;

1. A report on investigation by telephone;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, the choice of punishment for the crime, Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Sentencing Criteria for sentencing of Article 62-2 of the Criminal Act on the grounds of sentencing: The crime of obstruction of the performance of official duties, obstruction of the performance of official duties, Category 1 (Performance of Official Duties/Performance of Duties), basic area, six months to one year and four months of imprisonment, obstruction of business is a crime of obstruction of duties, obstruction of duties, basic area, six months to one year and six months of imprisonment, obstruction of duties, punishment of multiple crimes, and punishment of multiple crimes, are expressed to police officers dispatched after being notified 112 under the influence of alcohol, and assaults.

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