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(영문) 창원지방법원 통영지원 2017.08.24 2017고단799
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 6, 2017, from around 20:20 to 21:30 of the same day, the Defendant: (a) obstructed the Defendant: (b) obstructed the Defendant: (c) obstructed the Defendant, at the main point of “D” operated by the Victim C in macrosib from around 20:0 to around 21:30 of the same day, destroyed the instant column by fasting the instant World Cup and its strings on the table with the floor; (d) booming the instant strings; and (e) b) booming the Victim’s bicycle installed in the front of the main shop, thereby getting customers out of the main shop.

Accordingly, the Defendant interfered with the legitimate main business of the victim by force.

2. On June 6, 2017, at around 21:33, the Defendant: (a) reported that the Defendant was under the influence of alcohol in front of D main points located in D, D on June 6, 2017; and (b) took a bath to get home from G, who was called back at the seat of D main points; (c) was able to remove the Defendant’s chill F, who was called up for home from G; and (d) continued to take a bath to G, who was able to take care of the Defendant; and (e) was able to keep the Defendant’s bicycle set up on the road, which was buck down to the right side of D main points; and (e) was able to stop the Defendant from drinking.

As a result, the Defendant assaulted F and G and interfered with the legitimate performance of official duties by police officers on the handling of reports and crime prevention.

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 to affected police officers and on-site photographs;

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

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

1. Selection of each sentence of imprisonment;

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. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is the crime of this case by using violence to police officers dispatched after being reported and obstructing their business by avoiding disturbance at the main point, and thus, its nature is not good.

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