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(영문) 대전지방법원 논산지원 2017.10.24 2017고단503
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 25, 2017, the Defendant: (a) obstructed the victim’s main business by avoiding disturbance, such as taking a bath to employees and police officers dispatched to the scene, despite the repeated demand of the victim D by sing clubs in the singing clubs located in C, 0:50 on July 25, 2017; and (b) interfered with the victim’s main business by force for about 20 minutes.

2. 공무집행 방해 피고인은 2017. 7. 25. 01:21 경 제 1 항 기재 장소에서 112 신고를 받고 출동한 논산 경찰서 E 지구대 소속 경장 F에게 ' 짭새 씨 발 새끼야 폴리스 개새끼야 '라고 욕설하면서 위 노래클럽에서 나가기를 거부하였다.

Accordingly, the police officer's warning defect that the police officer could arrest the defendant as an offender in the current crime of interference with business and insult was posted to the above police officer.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of D and G;

1. Application of statutes on site photographs;

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 public duties) and the choice of imprisonment for each crime;

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 grounds for sentencing under Article 62-2 of the Social Service Order Act for the protection and observation of crimes and Article 62-2 of the Act on the Punishment of Crimes 1 (Obstruction of Duties) [the scope of recommendations] that have no basic area (referring to six months to one year and one year and six months) [the scope of recommendations] [the scope of recommendations] and the basic area (referring to six months to one year and one year and six months) of the Act on the Prevention of Performance of Official Duties] (the scope of recommendations] (the special sentencing person] of the basic area (referring to six months to one year and six months): Six months and two years [the decision of sentence], despite the fact that the defendant had been punished several times for the same kind of crime, he/she again commits the crime of this case.

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