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(영문) 수원지방법원 안산지원 2014.10.28 2014고단1326
공무집행방해등
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 19:20 on April 17, 2014, the Defendant obstructed the victim’s restaurant business by force by allowing customers in the restaurant to leave the restaurant and enter the restaurant by leaving the restaurant, by stating that “at least fest fats, fats, fats, fats, fats, fats, and fats, and only fats,” while placing an order for the raft.

2. Around 20:00 on April 17, 2014, the Defendant: (a) expressed the victim F, a police officer belonging to the Masp Police Station Espons, who was sent after receiving a report, who was under his/her supervision and sent out; and (b) made the victim G, who was a police official dispatched, talked to “nick” to the victim.

3. When the Defendant committed a crime as stipulated in paragraph (2), at the time and place of the performance of official duties, and was arrested as a flagrant offender from G, a police official belonging to the Mine Police Station, as a flagrant offender, the Defendant resisted, and obstructed the police officer’s legitimate performance of duties, such as dumping flaps of the said G.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Each police statement concerning G and F;

1. Written statements of D;

1. Application of the investigative report (Evidence Nos. 2), each complaint book, and the video-recording statutes to police officers;

1. Relevant Article 136(1) of the Criminal Act, the choice of punishment for the crime, Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 311 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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on Probation, etc.

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