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(영문) 서울서부지방법원 2017.07.25 2017고단1506
공무집행방해등
Text

A defendant shall be punished by imprisonment for nine 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 May 24, 2017, at around 05:30 on May 24, 2017, the Defendant: (a) obstructed the victim’s main shop operation by force, such as: (b) having been requested to pay the drinking value from the injured party after drinking the beer, beer, etc. at the main shop; and (c) having been requested to pay the drinking value from the injured party after drinking the beer, etc.; and (d) having been given the victim’s abusive theory, “Ig-rier, Ig-rier, Ihn, Ihhh, Ihn, andhnh,” and having the victim talked about 40 minutes by avoiding the disturbance and preventing customers from entering the main shop.

2. On May 24, 2017, the Defendant interfered with the performance of official duties at the main point of “E”, around 06:35, the Defendant received the report of 112 from the owner of the said “E” shop, and asked the Defendant of the slope G belonging to the F District of the Yongsan Police Station, who called the Defendant to “I am going to go to the Defendant, I am to go to the police station, I am to go to am to am, I am to go to am, I am to am to am to the police station, I am to go to am to go to am.” On his hand, the Defendant was sealed with the Defendant’s chest and face of the said slope G on several occasions, and the Defendant was sealed with the Defendant’s arrest of a flagrant offender who was dispatched to the same seat at the same time, due to interference with the performance of official duties.

The Defendant continued to board the patrol vehicle at the back seat of the patrol vehicle and received the chest, shoulder, etc. of the above slope, which was seated next to the patrol vehicle.

As a result, the defendant assaulted the above slope G or patrolman who is a police official, and interfered with the legitimate execution of duties concerning the receipt of the 112 case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. A detailed statement on the part of the damaged party and the 112 reported case processing;

1. Application of Acts and subordinate statutes to a report on investigation (specific time correction);

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 314 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures.

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