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(영문) 전주지방법원 정읍지원 2016.05.10 2016고단42
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 January 26, 2016, from around 02:00 to around 02:20 on the same day, the Defendant: (a) had three customers who were in the restaurant by avoiding disturbance, such as taking the face and body of E by drinking, and taking a bath in the restaurant, on the ground that the Defendant could not be aware of while drinking in the ‘D' general restaurant of the victim C’ of the regular Eup; and (b) had three customers who were in the restaurant by smoking the disturbance, such as taking the face and body of E by drinking.

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

2. On January 26, 2016, at around 02:23, at the place indicated in paragraph 1, the Defendant: (a) obstructed the performance of official duties; (b) assaulted the G’s face by putting the fish on a table; (c) obstructed the G’s face on the part of a tabler; and (d) assaulted by breaking down the clothes of G with both hand, while assaulting E at the place indicated in paragraph 1.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

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. 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 Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a) Basic crime: interference with the performance of official duties [the scope of a recommendation], and interference with the performance of official duties, the basic area (the interference with the performance of official duties and the coercion) (the imprisonment of six months to one year and four months) (the person with no special sentencing)

(b) Concurrent crimes: The mitigated area (one month to eight months of imprisonment) (person who has been specially mitigated) shall not be subject to the punishment, which prevents [the scope of recommended punishment] from performing his/her duties; and

(c) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than six months from one year to eight months; and

2.The decision-making defendant shall avoid disturbance at the main point.

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