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(영문) 서울서부지방법원 2017.01.12 2016고단3211
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 27, 2016, from around 08:00 to around 08:40 the same day, the Defendant: (a) expressed a bath to the victim in front of the “Ekbook” operated by the victim D, which is located near Seodaemun-gu Seoul, Seodaemun-gu, Seoul; and (b) provided the victim with the “chrone, flue, flue,” with the victim’s “h,” and (c) took a 40-minute flue and flue and flue the customers at the place; and (d) made the customers leave the place.

Accordingly, the Defendant interfered with the victim's carpet operation by force.

2. The Defendant interfered with the performance of official duties at the date, time, and place specified in paragraph 1, and without any particular reason, to listen to the police officer G belonging to the Seoul Western Police Station F District, Seodaemun-gu, Seoul, which was called by the Defendant after receiving a report that the Defendant 112 was frighting the above fright, and to the end that the Defendant’s frighting business was within the jurisdiction of the Gu office.

Shodo N.N.N.N.N.

For this reason, punishment is imposed.

“The faces of the G was expressed in the form of “,” etc., and the face of the said G was taken once in his/her hands and once in his/her head.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of statutes governing the place of work;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice 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. For the reasons for sentencing of Article 62-2 of the Criminal Act for the protection and observation of the protection and Article 62-2, the scope of the final sentence due to the aggravation of multiple offenses for which there are no types 1 (Obstruction of Duties) in the basic area (6 months to 1 year and 6 months) [the scope of the recommended punishment] [the scope of the recommended punishment] and the basic area (6 months to 1 year and 4 months) in the basic area (6 months to 1 year and 4 months) of the Criminal Act.

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