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(영문) 광주지방법원 순천지원 2019.05.02 2019고단175
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 14, 2018, the Defendant interfered with business: (a) around 21:20 on December 14, 2018, the victim C (n, 55 years of age) at Manyang-si B called “D” in the operation of Manyang-si; (b) the victim C (n, 5 years of age) entered the Man-si under the influence of alcohol, and thereby, the Defendant interfered with the victim’s marina business by force by avoiding disturbance for about 20 minutes.

2. Around December 14, 2018, the Defendant recommended the Defendant to return home, a police officer belonging to the Mineyang Police Station E District Unit of the Mineyang Police Station, who was reported 112 on the foregoing grounds, for the foregoing reasons, and “F,” who was a police officer belonging to the E District Unit of the Mayang Police Station, was calculated in terms of the flusium, the flusium, the flusium, and the flusium, the flusium, the flusium, the flusium, and the flusium, and the Defendant was unable to take the flusium to return home.

At around 21:50 on the same day, the Defendant continued to assault “G apartment house” in front of the Hdong, which is the Defendant’s residence in Mayang-si B, with his own patrol car, one time as a drinking with his face.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties on 112 reporting processing and protective measures for the host.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. C’s statement;

1. Application of statutes governing CDs on images of obstruction of the performance of official duties, video CDs on business interference;

1. Relevant Article 136 (1) and Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. The confession under Article 62(1) of the Criminal Act and reflects the depth of the confession, the agreement with the victim of obstruction of business, there is no record of heavy criminal punishment exceeding the fine, and obstruction of performance of official duties.

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