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(영문) 대구지방법원 경주지원 2014.09.17 2014고단385
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On March 23, 2014, at around 13:10 on March 23, 2014, the Defendant obstructed the victim’s restaurant business by force, such as: (a) having several customers get out of the zone by avoiding disturbance for about 10 minutes on the ground that food does not soon take place in the “D” restaurant operated by the victim C; and (b) having many customers get out of the zone.

2. The Defendant, at the time and place specified in Paragraph 1, assaulted the chest of the above F on one occasion on the ground that he was able to ask questions about the instant guard from F slope, a police officer belonging to the racing and police station E box, who was called out after receiving a report of 112 due to interference with the above duties.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of report by F, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement related to C and F;

1. Domestic investigation reports, on-site photographs, investigation reports (verification of attachment of police officials' identification cards, and log copies), copies of identification cards, copies of work logs, investigation reports (verification of attachment of a written agreement and the details of preparation thereof), and application of statutes of the written agreement;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official 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 (1) of the Criminal Act;

1. Determination of sentence of obstruction of the performance of official duties, the necessity of strict punishment of crimes of obstruction of the performance of official duties, the degree of violence, the degree of agreement with the victim who interfered with official duties, and other various sentencing conditions under Article 51 of the Criminal Act, which can be known through the records and arguments, such as the defendant's age, character, family environment, and circumstances after committing a crime, shall be considered.

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