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(영문) 수원지방법원 성남지원 2016.02.17 2015고단2520
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On October 4, 2015, at around 23:00, the Defendant: (a) sought a payment of liquor from E, an employee of the victim C in the Jung-gu Seoul Metropolitan Government, the main point of “D” operated by the victim C, and (b) made the said E sound “Ih and E”, and obstructed the customer’s response and drinking for about one hour and 40 minutes, while taking the desire for customers in that place; and (b) obstructed the employee’s drinking.

Accordingly, the defendant interfered with the operation of the victim's main points by force.

2. On October 5, 2015, at around 00:40 on October 5, 2015, the Defendant: (a) was arrested as a current offender of the crime of interference with duties by the victim G, who is the police box affiliated with the Seoul Southern Police Station Facing Police Station, after receiving a report from 112 while avoiding disturbance, at the places indicated in paragraph (1) at around 00:40 on October 5, 2015; and (b) was arrested as a victim of the crime of interference with duties by an employee E, customer H, I, etc. at the place where the request for presentation of identification card was made; and (c) the victim’s body was sealed once.

Accordingly, the defendant openly insulting the victim, and interfered with the police officer's legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (related to recording recording of field images);

1. Articles 136(1) (the point of obstructing the performance of official duties), 314(1) (the point of obstructing business), 311 (the point of insulting) of the Criminal Act and the choice of imprisonment with labor for the 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. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence include the following: (a) the Defendant is divided into his own crimes; (b) the victim of the crime of injury; and (c) the degree of interference with the execution of official duties is relatively minor and the degree of interference with the execution of official duties is relatively minor; and (d) the Defendant does not have any previous conviction,

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