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(영문) 의정부지방법원 고양지원 2017.12.22 2017고단2734
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 September 4, 2017, from around 23:00 to September 0:25, 2017, the Defendant: (a) took a bath under the influence of alcohol in the “F” restaurant for the operation of the victim E in Goyang-gu, Soyang-gu; (b) went back to the table table where customers are seated; and (c) upon the request of the said victim, the Defendant received a request from the said victim for a request to change the list, she would be “F”.

C. C. H. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. c. c.

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

2. 공무집행 방해 피고인은 2017. 9. 5. 02:25 경 위 장소에서 112 신고를 받고 출동한 고양 경찰서 G 지구대 소속 경장 H으로부터 현행 범인으로 체포되자 화가 나 한 손으로 위 경찰관 멱살을 잡아 밀치고, 이후 고양 경찰서로 오게 되자 발로 위 경찰관 엉덩이를 발로 찼다.

Accordingly, the defendant interfered with the police officer's 112 reporting duty and legitimate execution of duty related to the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of police statements of E Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act concerning the selection of criminal facts (elective of imprisonment);

1. Articles 37 and 38 (1) 2 and 50 of the Criminal Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant has been sentenced to four times a fine in relation to violence, etc., and even if he had the record of being sentenced to suspended sentence due to interference with the execution of official duties, the fact that he/she will go to the crime of interference with the instant duties and

However, it is reasonable to take into account the fact that the defendant shows an attitude against the defendant and agreed with the victim with the obstruction of business, that a certain amount of money was deposited, the circumstances leading to the crime are not good, but the degree of risk caused is relatively serious.

More than one point and the age of the defendant;

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