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(영문) 수원지방법원 성남지원 2017.03.10 2016고단3702
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 9, 2016, the Defendant obstructed the victim’s hotel business by force, such as cutting off a large amount of 20 minutes, by demanding approximately 20 minutes of the total sum of the monetary rewards for accommodation expenses and for the change of TV, etc. damaged by day-to-day in the guest room opened by the victim Gangwon-do, Gangwon-do, Seoul Special Metropolitan City, Gangwon-do, which was located in 265, a Hanwon-do, and the Defendant: (a) the hotel employee claimed approximately 2,770,000 won on the ground that it was excessive; and (b) the Defendant obstructed the victim’s hotel business by force.

2. At around 12:00 on July 9, 2016, the Defendant: (a) obstructed the performance of official duties; (b) committed an assault against the Defendant on the ground that the 119 first-aid crew member, who was reported at the request of the Defendant on the ground of the hurg certificate, refused to take the 119 first-aid vehicle in order to transport the Defendant to the hospital; (c) the 119 first-aid crew member, who was reported on the act of interference with the Defendant’s duties and sent the Defendant to the hospital; and (d) the 119 first-aid staff member, who was called to the Defendant on the ground that the hurb police box of

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E and F;

1. Application of Ctv image cd, on-site photo legislation

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended sentence;

(a) Category 1 (Interference with the Execution of Official Duties) (Interference with the Execution of Official Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor;

(b) Type 1 (Interference with Duties) (Interference with Duties) is the mitigated area (from June to one year and six months) (a person with a special mitigation).

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to two years; and

2.[Determination of sentence].

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