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(영문) 의정부지방법원 2017.11.23 2017고단3805
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On July 30, 2017, at around 00:0, the Defendant obstructed the victim’s convenience store business by avoiding disturbance for about 50 minutes while drinking alcohol with the victim C (21 taxes) at the same time, who continues to drink alcohol with the names and influences first viewed, without hearing the Defendant’s demand, and continuing to drink alcohol with the victim’s convenience store business. This interfered with the victim’s convenience store business by avoiding disturbance for about 50 minutes.

2. The Defendant interfered with the performance of official duties at the same place of 01:20 on the same day, and at the same time, expressed that he was removed from F and requested for returning home from the police officer F, who belongs to the Dong Dobcheon Police Station E District, which received C’s report, the Defendant obstructed the police officer’s legitimate performance of duties concerning the handling of criminal reports and arrest of flagrant offenders on the ground that he was able to display his drinking to F, and walked the F’s drinking to the Defendant, and walked the F’s drinking to the Defendant’s drinking, and walked the F’s drinking to the Defendant to arrest a flagrant offender.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. 112 A list of reported cases;

1. A place where he/she will serve in a police box;

1. Application of the Acts and subordinate statutes to convenience stores CCTV and video CDs submitted to victims;

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 official duties) and the choice of imprisonment with prison labor for the crime;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is already subject to punishment four times or more due to interference with business affairs. The defendant, on April 14, 2014, has been punished by a fine of seven hundred thousand won due to interference with business affairs on January 5, 2015, a fine of seven hundred thousand won due to interference with business affairs on July 2, 2015, and a fine of one million won due to interference with business affairs on December 7, 2016, has been punished by a fine of one hundred and five million won due to interference with business affairs on December 2, 2015, and in particular, he/she has been punished by imprisonment for six months due to interference with business affairs on October 21, 2016, and again has been punished by a suspended sentence of two years.

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