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(영문) 서울중앙지방법원 2018.09.05 2018고단3336
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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. Around January 10, 2018, the Defendant obstructed the victim’s main business by force by spraying alcohol on the floor without any particular reason while drinking alcohol at “E main store” operated by the victim D in Gangnam-gu Seoul, Gangnam-gu, Seoul, and doing so to the name-oriented person who has been a customer at the same time without any particular reason. The Defendant attempted several times to take advantage of the victim’s main business by gathering glass cups and cutting off the table table several times.

2. Around 00:30 on January 11, 2018, the Defendant continued to interfere with the performance of official duties, and the Defendant interfered with the legitimate performance of duties regarding the on-site investigation, etc. by the police officers dispatched after receiving a report from 112 on the same ground as paragraph (1) by assaulting the part of the Habbbbbbbbbbbbs of the 112 police officers, who were dispatched after receiving a report from 112 on the same ground.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to H, G, and D;

1. Application of statutes on site photographs;

1. Relevant Article 314 of the Criminal Act, Articles 314 and 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor for a 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 suspended execution;

1. On the grounds of sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation, the sentence shall be determined as per the text, taking into account the following circumstances: (a) the age, sexual conduct, environment, motive, means and consequence of the crime; and (b) the circumstances after the crime were committed; and (c) all the sentencing conditions specified in the arguments

Unfavorable circumstances: the defendant has suffered the same kind of violence.

A favorable circumstances: The defendant has experienced mental difficulties, such as stimulative disorder, depression, etc. for a long time, and committed the instant crime.

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