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(영문) 서울서부지방법원 2014.08.28 2014고단1263
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

1. On April 30, 2014, around 01:30 on April 30, 2014, the Defendant interfered with the business, at the main point of “E” operated by the victim D in Yongsan-gu Seoul, Yongsan-gu, Seoul, the Defendant interfered with the victim’s main business by leaving approximately 20 minutes of fluencing the Defendant, who is an employee under the influence of alcohol, with a large sound of shouldering, such as “Chewing dog ..........” and taking a bath, and driving the fluencing cup.

2. When the Defendant was arrested as an offender in the act of committing a crime, as stated in paragraphs (1) and (2), as the date and time, and at the place, the Defendant obstructed the handling of the police officer’s 112-report case, and the arrest of a flagrant offender, etc., on the ground that he was arrested by the police officer of the Seoul Yongsan Police Station, as stated in paragraphs (1) and (2) from the police officer of the Seoul Yongsan Police Station, who was under the influence of alcohol, and was arrested as a flagrant offender, the Defendant obstructed the legitimate execution of duties concerning the handling of the case, and arrest of a police official in the

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement related to D and G;

1. Application of CD-related Acts and subordinate statutes

1. Relevant Article 314 (1) and Article 136 (1) of the Criminal Act concerning facts constituting an offense and Articles 314 (1) and 136 (1) of the Criminal Act;

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

1. The reasons for the sentencing of Article 62(1) of the Criminal Act (see, e.g., circumstances that are considered as the reasons for the sentencing) [the scope of recommendation] The sentencing guidelines for the defendant is as above, and the sentencing guidelines for the defendant are as follows: (a) the basic area (f) the obstruction of performance of official duties (f.g., June to April) (f., the obstruction of performance of official duties) (f., the decision of sentence]; (b) the agreement with the victim D of the crime of interference with business; and (c) the fact that there was no past record of the obstruction of official duties as a fine, but there was no record of the obstruction

Public Prosecution Rejection Parts

1. On April 30, 2014, the Defendant is employed at the “E” main point operated by the victim D in Yongsan-gu Seoul, Yongsan-gu, Seoul, at around 01:30.

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