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(영문) 춘천지방법원 강릉지원 2014.10.08 2014고단761
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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. Interference with business;

A. On August 20, 2014, at around 15:00, the Defendant: (a) entered a restaurant operated by the victim D (n, 55 years of age) in Gangseo-si (hereinafter “Seung-si”); (b) provided customers with the desire to open the restaurant; and (c) provided the victim with a door on his/her arms and legs; and (d) provided the victim with a door on his/her arms and legs, and interfered with the victim’s restaurant business by force for about one hour, such as talking the victim to “Seung-si, Sung-si, Sung-si, Sung-si, Sung-si.”

B. On the 21st day of the same month, at the same place, the Defendant expressed the victim’s desire to “Yeak spawn, Spawn, Spawn” at the same place, and expressed the victim’s desire to take out spawn in the air conditioners located there, and threatened the victim with the victim’s desire to take out spawn, thereby hindering the victim’s restaurant business by force for about one hour and 30 minutes.

2. On August 21, 2014, at around 15:25, the Defendant was arrested as a flagrant offender upon receiving a victim’s report that interfered with and assaulted a restaurant business at the same place, and being notified of the summary of the criminal facts and the right to appoint a defense counsel from two persons, including slope victims G(37 years of age) belonging to the Gangnam Police Station, dispatched to the site.

Accordingly, the Defendant expressed the victim’s desire to “I am, I am, I am son, I am son, I am son, I am son, I am son, I am son, I am son, I am son, and the Defendant interfered with the legitimate execution of duties by the police officer.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Application of statutes on site photographs;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment), and Article 314 (1) of the Criminal Act (the point of obstructing duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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