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(영문) 전주지방법원 정읍지원 2017.11.07 2017고단93
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 27, 2017, the Defendant assaulted the victim on the ground that the victim E (19 years of age) who is an employee of the Defendant, and snow flabed off, and the Defendant flabeded the victim “bab and 1 years of age” on the ground that the Defendant was bad, i.e., the Defendant f., dumbing the victim’s flab and flab, and flabed by both hand.

2. The Defendant, who interfered with his duties, dump dumped the victim E, and dump dumped the victim E at the time, place, and place described in paragraph (1), and dumped the Defendant at large interest.

In order to prevent customers from entering the disturbance, such as the goods displayed at the display site by putting the F and the victim into the floor by falling off the floor, etc., thereby obstructing the convenience store business of the victim by force.

3. On January 27, 2017, the Defendant obstructed the performance of official duties, as described in paragraph 1 at the place indicated in paragraph 1 at around 02:0, and committed assault at one time to request H’s face to verify personal information from the security guards belonging to the Jung-Eup Police Station G District, who was dispatched to the site after receiving a report from the State operator, on the part of the Defendant.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of police officers' crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements from witnesses E and F;

1. A H statement;

1. Application of Acts and subordinate statutes to each damaged part of the photograph;

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), 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) of the Criminal Act, the selection of imprisonment with prison labor;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant denies the crime of assault and obstruction of duty and does not reflect the mistake despite the clear statement of the victim and witness, and that the defendant used violence to the police officer dispatched while engaging in an act of disturbance at the place of business under the influence of alcohol.

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