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(영문) 인천지방법원 2013.04.25 2012고단11683
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. Around 11:00 on November 18, 2012, the Defendant obstructed the victim’s bar business by force during two hours, such as “E” operated by the victim D in Nam-gu Incheon Metropolitan City, where the victim returned home due to the end of the business hours, and the victim made a request for a change in the business hours, the Defendant obstructed the victim’s bar business by force.

2. At around 15:00 on the same day, the Defendant: (a) notified the right to refuse to make statements by G affiliated with the F District of the Incheon Southern Police Station, which was dispatched upon receipt of a report at the same place for the same reason as the preceding paragraph; and (b) asked G to promptly arrest the Defendant as a flagrant offender due to a suspicion of interference with business.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, G and H;

1. Statement of each police statement related to D and G;

1. A written diagnosis of injury;

1. Each photograph (the victim's statement is consistent and reliable, the defendant's statement is constantly changed, and the police officer's statement is the second time after the first dispatch, and the second time. However, according to the police officer's statement and the victim's statement, it can be acknowledged that the defendant was broken up and the victim requested that the defendant continued delivery during the second dispatch, and the defendant first asserted that he was waiting for female employees even though he was fully paid the expenses for female employees, and that the defendant was replaced by his argument that he did not pay the expenses later, the crime of interference with the defendant's business may be recognized, and the execution of official duties by the above police officer is deemed legitimate.).

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime: Imprisonment with prison labor under Article 136 (1) of the Criminal Act and Article 314 (1) of the Criminal Act;

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