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(영문) 서울서부지방법원 2017.06.14 2017고단70
공무집행방해등
Text

A defendant shall be punished by imprisonment for 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 November 27, 2016, from around 03:00 to around 03:20 of the same day, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance, such as, while drinking alcohol in a restaurant with the trade name “D” located in Mapo-gu Seoul Mapo-gu Seoul, the Defendant obstructed the victim’s restaurant business by drinking alcohol to the customers on the side tables, and giving a bath to the victim E (21 years old) who is an employee to refrain from drinking.

2. On November 27, 2016, the Defendant committed assault, such as: (a) the victim was asked to stop the disturbance from the victim E during the restaurant as described in paragraph (1) around 03:20 on November 27, 2016; and (b) the victim was tightly pushed the victim; and (c) the victim was knicked with his/her hands.

3. The Defendant obstructed the performance of official duties at the above date, time, and at the above place, arrested from the police officer G (42) belonging to the Seoul Mapo Police Station F District to the current criminal of interference with the crime of assault and duties from the police officer G (42 tax) belonging to the Seoul Mapo Police Station, who had arrived at the scene after receiving a report of 112 while avoiding the disturbance, and committed the assault, such as resisting the face of the police officer who suffered from the

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. Each E statement;

1. Application of Acts and subordinate statutes to on-site CCTV images;

1. Relevant legal provisions of the Criminal Act, Articles 136(1) (the point of obstructing the performance of official duties), 314(1) (the point of obstructing the performance of official duties), and 260(1) (the point of violence) of the Criminal Act, the choice of imprisonment for the crime, and the choice of a penalty;

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 on the suspension of execution is that both of the crimes are recognized and reflected in this law, and in favor of the fact that there was no record of punishment in addition to a fine once within the last ten years, the crime is not good in that it interferes with the business by avoiding disturbance in a restaurant without any specific reason, and assaults an employee who prevents it, and uses violence against the police officer dispatched.

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