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(영문) 수원지방법원 2016.06.09 2016고단1736
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 12, 2016, from around 16:00 to around 16:30 of the same day, the Defendant: (a) caused the Defendant to be unable to perform alcoholic beverages at the “E” restaurant operated by the victim D (n, 58 years of age) in Suwon-gu; (b) caused the Defendant to display the victim’s disease on his/her own deposit; (c) provided the victim with a bath, and (d) provided the victim with his/her voice while taking the back of other customers who provided meals at that place in his/her hand; and (d) taken the sexual organ into his/her hands, and took the victim’s voice.

It interfered with the victim's restaurant business by force for about 30 minutes by making customers in the cafeteria by viewing the cafeterias, such as seeing the cafeterias at the cafeterias.

2. On April 12, 2016, the Defendant interfered with the performance of special official duties, at the same place as that set forth in paragraph 1, around April 16, 2016, after receiving a report from D, a restaurant operator, who was dispatched to the site after receiving a report from G of the Suwon Police Station F Station at the scene, was subject to a check from the slope G belonging to the department of the Suwon Police Station.

C Masp. Masp. Masp. Masp. shall be discarded.

“Along with the bath theory, I collected the chair, which is a dangerous object in a restaurant, and threatened as if he were to display the G with both hands.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by D or G;

1. Application of Acts and subordinate statutes to photographs of crime scene;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Articles 144(1) and 136(1) of the Criminal Act (the point of interference with the performance of official duties) of the Criminal Act, and the selection of imprisonment with prison labor, for the 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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the first crime (Interference with the performance of official duties) [the scope of recommended punishment], and the aggravated area (one year to four years) (one year to four years) [the special aggravated person] group or multiple forces, or dangerous objects.

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