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(영문) 수원지방법원 여주지원 2020.06.10 2020고단469
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. From around 16:00 on March 28, 2020 to around 17:50 on the same day, the Defendant interfered with the operation of the victim convenience store by force for about two hours, including, without any justifiable reason, the victim C, who was installed in front of the D convenience point operated by the victim C in the innju-si of Gyeonggi-do, and the victim C, who was in front of the D convenience store. The Defendant interfered with the operation of the victim convenience store by force for about two hours, including, without any reason, reporting the side of the entrance above the entrance, and failing to make payment by entering the convenience store.

2. At around 18:20 on March 28, 2020, the Defendant interfered with the performance of official duties by the police officer, on the same location as the preceding paragraph, sent to the site and investigated the circumstances of the case, and interfered with legitimate execution of duties regarding handling the 112 reported case by the police officer, on the ground that, without any justifiable reason, the police officer F of the Snju Police Station E box affiliated with the police officer, who was investigating the circumstances of the case, “flasium, flasium, flasium, and flasiums spit, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of each police officer concerning G and F;

1. On-site photographs;

1. Application of CCTV image photographs and storage CD-related Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and the choice of imprisonment for the crime

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation, community service and lecture attendance order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Class 2 (Interference with Business) Crimes (Determination of Punishment) and interference with business.

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