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(영문) 서울동부지방법원 2016.03.30 2016고단485
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around February 17, 2016, at around 01:20, the Defendant: (a) took alcohol at the main point operated by the victim D with the victim D with the 1st underground underground of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, without any justifiable reason, obstructed the victim’s main business by force by avoiding approximately 20 minutes of disturbance, such as “C flachise, flachise,” and by a large voice.

2. The Defendant interfered with the performance of official duties at the above place around 01:47 on the same day as Paragraph 1, and at around 112, in order to verify the circumstances of the E District of Seoul Dong-dong Police Station E District, the background F of the E District, and the circumstances of the instant case, the Defendant’s questioning the said police officer about the defect.

”라고 큰 소리로 욕설을 하며 위 경찰관들의 허벅다리 부분을 수회 걷어찼다.

As such, the Defendant assaulted the above police officers, thereby hindering the police officers from performing their legitimate official duties concerning criminal investigations and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to D, G, and F;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of official duties);

1. Selection of each sentence of imprisonment;

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 stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the Defendant committed the instant crime even though he/she had the record of a crime with regard to obstructing the performance of official duties once. However, even though the Defendant committed the instant crime, the Defendant committed the instant crime contingently in the state of detention, and the Defendant agreed with the victim of the crime interfering with the performance of official duties, and deposits part of the damage amount to recover damage of police officers who interfered with the performance of official duties.

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