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(영문) 수원지방법원 안산지원 2017.01.24 2016고단4281
공무집행방해등
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 October 22, 2016, around 23:30 on October 22, 2016, the Defendant: (a) expressed a complaint by continuing to change the contact points at D main points located on the first floor of the members of Ansan-si, A, and (b) as such, the victim E, who is the owner of the music plaza, proposed “the number of drinking, the number of drinking, the number of match is calculated, the number of drinking”; (c) refused the settlement; (d) made the victim’s voice, sound, and the voice; and (d) broken the victim’s body by hand, having tighted the victim’s body at the entrance of the said shop.

Accordingly, the Defendant interfered with the victim's main business by force over about 40 minutes.

2. The Defendant damaged property by breaking the floor by putting the victim E-owned market value on the floor in a sound and a bath, at the time, at the above paragraph 1 time, and at the above place, the Defendant destroyed by breaking the floor.

3. On October 23, 2016, around 00:10 on October 23, 2016, the Defendant obstructed the performance of official duties, on the ground that he was asked of questions about the circumstances of the instant case from G policemen belonging to the police station of the Ansan-gu Police Station, who was called out after receiving 112 reports following the crime of interference with the said duties at the above port of paragraph (1), and was forced to get out of the front of the said police officers on the ground that he was asked of questions about the circumstances of the instant case from G police officers, and was located at his own seat, and he was forced to get out of the above G’s ropes and was making efforts by cutting out the two arms of the said H by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of 112 reported police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of E;

1. Article 314 (1) of the Criminal Act (the point of interference with business), Article 366 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) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Sentencing Criteria -

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