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(영문) 수원지방법원 평택지원 2014.09.17 2014고단968
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.

Reasons

Punishment of the crime

1. On July 5, 2014, at around 00:25, the Defendant interfered with his/her duties, and caused property damage, at the convenience store located in Pyeongtaek-si B, he/she collected things, such as drinking water, etc. displayed without any special reason, from the victim D, who is an employee of the victim. The Defendant collected strings, strings, but straw gas, bricks, etc. from customers, and damaged the victim’s convenience store management by force, such as putting about about 10 minutes of a disturbance on the floor, and putting the head of female customers on the floor, and putting up the convenience store management work, and destroying the convenience store goods and the 191,900 won total market price, including the aforesaid frame.

2. The Defendant interfered with the performance of official duties by assaulting the police officer’s legitimate performance of duties concerning the handling of a report case, by assaulting the police officer’s materials, such as drinking water, presses, etc. displayed at the convenience store to the above E, of the defect that the head of Pyeongtaek-gu Police Station, who was called out after receiving a report that the Defendant 112 reported that the Defendant’s disturbance was broken, intends to enter the above E into the convenience store.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of the F;

1. On-site photographs;

1. Application of Acts and subordinate statutes to photographs by putting the CCTV gap in convenience stores;

1. Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning criminal facts;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act requires strict punishment of Defendant as it is not good in light of the content of the crime, such as destroying property and obstructing business within the convenience store without any justifiable reason by entering the convenience store, and exercising violence against police officers dispatched after receiving 112 reports. However, the Defendant recognized all the charges of this case, and reflects his mistake, and is under the influence of alcohol.

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