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(영문) 서울북부지방법원 2015.05.27 2015고단94
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On November 19, 2014, the Defendant interfered with business: (a) around 23:40, at the “E” point operated by the victim D in Dobong-gu Seoul Metropolitan Government, the Defendant sent a beer who was on the customer’s face on the ground that the Defendant did not give a singing at his/her request, and (b) caused other customers to leave his/her job, such as taking a beer and going against 15-minutes, and wanting to put an unclaimed customer.

Accordingly, the defendant interfered with the victim's main business by force.

2. The Defendant damaged property damage by putting two monitors owned by the Victim F, a counter-owner, in his/her hands, on the same reason at the time, at the place, and on the same ground, one half cycle of computer, and thereby making it difficult for the Defendant to repair the market in an irregular manner.

3. When the Defendant received 112 reports on the same act as the date, time, place, and the items of paragraphs (1) and (2) and dispatched to the site, and was arrested by the police officer of the G police box (the 21 year old), the police officer I interfered with his duties, and caused damage to property, and the Defendant committed assault with the police officer of the above H as soon as he saw his fingers and her fingers.

As a result, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of public order, and at the same time, the victim was the left-hand side of about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D, F and H;

1. Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning the crime;

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

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

1. The crime of obstructing the performance of official duties on the grounds of sentencing under Article 62(1) of the Criminal Act is a crime that has undermined the legitimate exercise of public authority, thereby establishing the legal order of the State and eradicating the light of public authority.

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