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(영문) 수원지방법원 2016.11.29 2015고단4857
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On October 5, 2015, at around 12:30 on October 12, 2015, the Defendant interfered with the business of the victim’s accommodation business by force, such as refusing to leave the accommodation for about one hour even when the victim received a demand from the victim that the victim would put the room off in order to get other customers, thereby interfering with the business of the victim’s accommodation.

2. On October 5, 2015, the Defendant: (a) around 14:07, at the police box located in Suwon-gu, Suwon-gu; (b) on the instant case under paragraph (1), voluntarily fabed in the Fab box, and returned home to the police box; (c) on the other hand, the Defendant, while serving in the Fabs box, sent to G (Wab, 32) the police box of the Suwon Heavy Police Station, which was designed to work in shift, was asked by the police officer to go to the police officer at the police box of the relevant police box; (d) but, upon refusal, obstructed the police officer’s legitimate execution of duties.

Summary of Evidence

1. The police statement concerning G;

1. A written statement prepared in C;

1. Application of field photographs, damaged photographs, and statutes on site photographs;

1. Relevant Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime, the choice of punishment, etc.

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of recommendations according to the sentencing criteria;

(a) Class 1 crime (Interference with Business) (Scope of Recommendation) (Scope of Business ] No basic area (Interference with Business) (6-1 year and 6 months) (special person) exists;

(b) Where the degree of assault is minor, the range of the final sentence due to the aggravation of multiple crimes (the scope of the punishment for obstruction of performance of official duties) shall be Category 1 (the scope of the punishment for obstruction of performance of official duties/the coercion of official duties) (1-8 (Special Mitigation) (the extent of the punishment for obstruction of official duties/the coercion of official duties): June to January

2. The degree of assault against the obstruction of performance of official duties is relatively minor, there is no record of criminal punishment for obstruction of performance of official duties, and others.

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