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(영문) 청주지방법원 2016.06.09 2016고단314
공무집행방해등
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 November 28, 2015, the Defendant: (a) obstructed the victim’s main store business by avoiding disturbance for about one hour, such as: (b) around D main points operated by the victim C in Jincheon-gun, Jincheon-gun; (c) and (d) giving the victim a large amount of desire to take a look at; and (d) giving him/her a tables at the same time.

2. Around 00:40 on November 29, 2015, the Defendant: (a) sought to return home from Jincheon Police Station E District on the grounds of paragraph (1) and (b) on the grounds of the same paragraph; (b) on the part of Jincheon Police Station E District that was called “F (49 years old); and (c) on the part of Jincheon Police Station E District that was called “F (49 years old); (d) he would be able to ask inside and me; (e) he would be able to ask inside and me; and (e) would bring about G’s arms; (e) would take the chest at one time; (e) walking twice the F’s buckbuck to it; and (e) assaulted F’s left hand to the left part; and (e) inflict injury on the left part of F in order to provide approximately two weeks medical treatment.

Accordingly, the defendant interfered with legitimate execution of duties by police officers for the maintenance of order and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, F, and G;

1. Application of Acts and subordinate statutes on commission and reply;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and Article 257(1) of the Criminal Act (the point of interference with business) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: A person who assaults and inflicts bodily injury upon a police officer while performing official duties; the defendant was sentenced to a fine of three million won by obstructing the performance of official duties in around 2007, etc., and was sentenced to a fine of five times of violence.

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