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(영문) 수원지방법원 안양지원 2016.04.21 2016고단290
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 13, 2016, from around 17:00 to 17:30 of the same day, the Defendant: (a) discovered that he was under the influence of alcohol at the D’s coffee specialty store located in Ansan-gu; and (b) found the employees of the said coffee specialty for two hours before being drunked; and (c) found that he was under the influence of alcohol at the said coffee specialty.

“Along on about 30 minutes, such as taking a bath and wearing a plaque, the victim E interfered with the business of the above coffee specialty operated by the victim E by force.

2. During the time and place specified in paragraph (1) above, G, a police officer belonging to the F District of the Police Station, takes out the Defendant who was subject to disturbance within the above coffee specialty, and asked the Defendant questions about the circumstances of the instant case, for the purpose of handling the reported case by G, a police officer belonging to the F District of the Police Station, at the time and place specified in paragraph (1) above.

who is within the territory of Korea;

In doing so, the hump "Woo", the G hump was expressed at one time as he can see the face of G by hand, and the G humk was humbed with a humbal.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling and investigation of police officers' reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A statement prepared by H;

1. A report on investigation (a statement by a wooden person, etc.);

1. Application of Acts and subordinate statutes on the table for reporting 112 incidents;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Interference with the performance of official duties / [Scope of a recommendation / Extent of a crime obstructing the performance of official duties in violation of Article 1 of the Act on Interference with the Performance of Official Duties> (Interference with the Performance of Official Duties and Forced Performance of Duties) in the basic area (from June to January 4) (a person with special sentencing)

(b) Interference with the business affairs (the recommended sentence);

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