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(영문) 인천지방법원 부천지원 2017.03.17 2017고단182
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. 업무 방해 피고인은 2017. 1. 14. 21:00 경 부천시 B 1 층 피해자 C 운영의 ‘D ’에서, 술에 취해 그곳에 있는 손님들에게 " 뭘 봐, 이 새끼야" 라며 큰 소리로 욕설을 하고, 음식물을 집어던지고 침을 뱉는 등 약 30분 동안 행패를 부려 피해자의 주점 영업 업무를 방해하였다.

2. The Defendant has been urged to return home from the E District 1 Team guards F who was called out after receiving the report at the time, place, and 112 set forth in paragraph (1).

"To spit or spit the water and spite, which is located on the table, which is so sound and on the table, to the F. The Defendant interfered with the legitimate execution of duties by police officers with respect to the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Each statement of G and H;

1. On-site and damaged photographs, and photographic CDs;

1. Application of statutes governing the place of work;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment with prison labor for the 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Obstruction of Duties) (Obstruction of Recommendation) (Scope of Duties) and No. 1 Crimes (Obstruction of Duties) are basic areas (No person with a special sentencing sentencing range from June to January 6) (no person with a special sentencing range);

(b) Class 2 Crimes (Obstruction of Execution of Official Duties) / [Scope of Recommendation] Scope of Final Punishment due to the aggravation of multiple offenses for which there is no basic area (6 months to 1 year and 6 months) (special sentencing factors) / From June to June 1: June to March 2.

2. Circumstances unfavorable to the determination of sentence: The effect that the nature of the crime is not very good, such as spitation, etc., and that it is advantageous to the victims, such as spitation, etc., of the spiting the spit of the spit in another's places and preventing the spit

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