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(영문) 수원지방법원 여주지원 2017.10.18 2017고단1114
업무방해등
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 October 20, 2016, from around 16:30 to 17:20 the same day, the Defendant: (a) expressed that “the Defendant,” from the “D cafeteria’s “D cafeteria” of the victim’s operation, the Defendant: (b) expressed his/her desire to read “the Defendant shall grow up a third-year person; (c) laid the key of the motor vehicle on the floor; and (d) obstructed the victim’s restaurant business by force by placing the key of the motor vehicle in possession on the floor so as to avoid disturbance.

2. On October 20, 2016, the Defendant: (a) received a report around 17:20 on October 20, 2016, and arrested a police officer in flagrante as a crime listed in paragraph (1); (b) on the patrol vehicle, the Defendant arrested the police officer in flagrante at the right edge while being escorted to the E zone of the police station of thischeon Police Station; and (c) assaulted the police officer by asking once the police officer’s right buckbucks belonging to the police station

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. Application of on-site photographs and photographs damaged by police officers;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each 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 under Article 62-2 of the Social Service Order Criminal Act, the scope of final sentence due to multiple concurrent crimes (one to one year and six months) with no basic area (for six months to one year and six months) (for example, interference with the execution of official duties) [the scope of recommended punishment] under Article 62-2 of the Social Service Order Act, the scope of final sentence due to multiple concurrent crimes with no basic area (for example, six months to one year and six months) (for example, interference with the performance of official duties and coercion of duties] under Article 62-2 of the same Act: six months to two years [the decision of sentence] under suspension of the execution of six months (for example, two years to six months] and two years (for several years of imprisonment with prison labor for a defendant who has several times of criminal punishment), and the punishment heavier than the fine, such as the circumstance that the defendant committed the instant crime, etc.

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