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(영문) 수원지방법원여주지원 2020.11.17 2020고단1164
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 23:00 on August 21, 2020, the Defendant interfered with business: (a) entered the “D convenience store” for the victim’s operation in Ison-si B; (b) took a bath to the victim that “it is not necessary to see her opening to drink”; and (c) the victim sees the victim’s phrase, “I am hing off her opening to the inter-liverer inside the convenience store, so I am hing off, if you hing off.”; and (d) the victim hing the victim with a large voice, such as “I am not to her finger, I kn am, and I am kn kn h h h h h h h h k h h h k h k h k h h h h k h h h k; and (c) the victim received a request for withdrawal from the police officer dispatched upon receipt of the victim’s report.

Accordingly, the defendant interfered with the victim's convenience store operation by force.

2. The Defendant engaged in the obstruction of performance of official duties at the time, place, as mentioned in the above paragraph (1) above, in order to avoid disturbance and to ask questions from the police officer F of the Yacheon Police Station E (a police box) who was called out after receiving the above 112 report by the above C, the Defendant assaulted the above F, such as “I am kb kb kb kb kb kb kb kb kb kb kbb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb

Accordingly, the defendant assaulted police officers in the process of performing their duties such as handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written statement statement C and F’s written statement statement

1. Article 314 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommendations from six months to two years (basic areas); and

2. To interfere with operations without any particular reason for the decision of sentence, and to this end.

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