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(영문) 수원지방법원 2018.11.22 2018고단3408 (1)
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence 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 February 23, 2018, at around 19:00, the Defendant obstructed the business of the victimized person’s main shop by approximately one hour, including, but not limited to, the time when drinking F and alcohol, which is the same company volunteer in Gwangju City, at the main shop of “E” operated by the victim D located in Gwangju-si, the Defendant took a large bath, and obstructed the business of the victimized person’s main shop for about one hour, such as, inter alia.

2. 공무집행 방해 피고인은 2018. 2. 23. 20:25 경 위와 같은 장소에서 행패를 부리던 중 위 D의 112 신고를 받고 현장에 출동한 경기 광주 경찰서 G 파출소 소속 경찰관인 H으로부터 그 경위에 대한 질문을 받자, “ 씨팔놈들, 좋게 말할 때 가라, 개새끼들.” 이라고 욕설하며 계속 소란을 피워 업무 방해 등의 현행 범인으로 체포되어 순찰차로 이동하던 중 무릎으로 위 경찰관 H의 낭 심 부위를 1회 걷어차고, 발로 위 H의 허벅지를 1회 걷어찼다.

As a result, the Defendant assaulted the police officer H and interfered with the legitimate execution of duties concerning on-site investigations under 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with regard to I, H, and F;

1. Written statements of D;

1. Each investigation report (in relation to the attachment of evidence Nos. 1, sing CCTVs, and the investigation into the phone calls of the suspect J related to the suspected interference with the duties);

1. To notify the department related to the delivery of the police box and the report of the case of 112;

1. On-site photographs and CCTV photographs (the list Nos. 13);

1. Application of the provisions of Chapter Three Acts and subordinate statutes to video CDs, such as mobile phone pictures and CCTVs;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 316(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each 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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing, taking into account the circumstances favorable to the defendant);

1. One crime (Interference with the performance of official duties) within the scope of the recommended punishment according to the sentencing guidelines.

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