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(영문) 서울중앙지방법원 2017.07.20 2016고단5740
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On August 14, 2016, at around 22:50 on August 14, 2016, the Defendant interfering with his/her business: (a) was drunk at D main points operated by the Victim C in Dongjak-gu Seoul Metropolitan Government, and without any justifiable reason, “Chewing, several slaughters”;

Chewing funeral solitarys;

p)whether he can be able to cope with;

The purpose of this study is to say that the inside of this Dongegsan, now, is “Wooman,” and that the entrance door was 10 minutes of the entrance, such as the one-time walking, so as to avoid the disturbance of about 10 minutes, so that customers who had to enter the entrance are not allowed to enter, thereby hindering the victim’s door-based business by force.

2. Around 23:04 on the same day as the preceding paragraph, the Defendant: (a) was urged to return home from F in the circumstances surrounding the territory of the Dongjak Police Station E District of the Dongjak-gu Seoul Police Station, who was dispatched to the site after receiving a report of 112 on the street in front of the main point of the foregoing D; (b) was assaulted by F, “P, the Defendant: (c) was able to take a bath, such as “I am, I am, I am, I am, I am, I am, I am, I am, I am off, I am, I am off, I am.”

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reports and the control of crimes.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police with respect to C and F;

1. C’s statement;

1. Details of processing reported cases;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136 of the Criminal Act (the point of obstructing the performance of official 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing criteria;

(a) Class 1 Crimes (Obstruction of Duties) (Obstruction of Recommendation) (Scope of Duties) and No. 1 Crimes (Obstruction of Duties) are basic areas (No person with a special sentencing sentencing range from June to January 6) (no person with a special sentencing range);

(b) Category 1 of the Second Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendations) (Obstruction of Execution of Official Duties).

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