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(영문) 인천지방법원 부천지원 2018.10.18 2018고단1955
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. 업무 방해 피고인은 2018. 6. 27. 14:45 경 부천시 B에 있는 ‘C 은행 부천역사 점 ’에서, 그날 오전 위 은행 인출기의 고장으로 인하여 자신의 카드를 회수하는 시간이 지체된 것을 항의하면서 피해자 D 등의 은행 직원들에게 “ 씨 발! 카드 내놔! 개새끼! 이놈들아!” 등의 욕을 하며 고함을 지르고 지점장 실로 들어가려고 하는 등 약 30분 간 행패를 부렸다.

Accordingly, the Defendant interfered with the banking business of the victimized person by force.

2. On June 27, 2018, around 14:45, the Defendant: (a) obstructed the performance of official duties; (b) obstructed the disturbance in front of the entrance entrance of the bank set forth in the foregoing paragraph 1; and (c) abused the body and shoulder of the above F in his/her hand, by taking the police officer F (30 years), etc. from the police officer F (30 years of age) who was called out upon receiving a report.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Investigation report (verification, etc. of CCTV images of banks);

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

(b) Class 2 Crimes (Obstruction of Duties) [Scope of Recommendations] : From June to October 1, 200, the scope of final sentence due to the aggravation of multiple offenses (including serious efforts to recover damage) in the mitigated area (one month to August) (one month).

2. Circumstances unfavorable to a decision of sentence: The crimes of this case.

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