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(영문) 수원지방법원 안양지원 2016.02.12 2015고단1897
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 13, 2015, from around 21:30 to around 22:00, the Defendant: (a) took a bath or walked to customers who have been under the influence of alcohol from the “D cafeteria” operated by the victim C; (b) without any particular reason, such as “I Y, I am,” “I am,” “I am, I am,” “I am, I am, I am, I am, and I am,” and (c) am, I am, while taking a bath to the victim, I am B am, and am B am B with the gas pipeline connected with the table, and at the same time interfered with the victim’s restaurant business by force for about 30 minutes, and at the same time, I am the utility of the market price of the gas pipeline owned by the victim.

2. On November 13, 2015, the Defendant: (a) was arrested from the slopeF belonging to the police station E-gu, Police Station E-gu, to the present offender, and was seated on the back of the patrol vehicle, and was able to look at two to three times at the right shoulder of the said F; (b) was removed, thereby interfering with the legitimate performance of duties concerning the criminal investigation, etc. of the F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. Application of each statute on photographs;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business), Article 366 of the Criminal Act, and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Criminal Act: The scope of final sentencing due to the aggravation of punishment for the suspended sentence [person who has been specially mitigated] for the mitigated area of punishment (one month to eight months) [the scope of punishment] [the scope of punishment for the suspended sentence]] for the mitigated area of punishment (one month to eight months] for the suspended sentence under Article 62(1) [the scope of punishment for the suspended sentence] for not less than six months (or for the suspended sentence, there are two concurrent crimes).

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