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(영문) 서울북부지방법원 2015.09.11 2015고단2352
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On June 22, 2015, at the convenience store operated by the victim C in Dongdaemun-gu Seoul, Seoul, around 01:20, the Defendant obstructed business, on the ground that “D” was demanded by the customer prior to the above convenience store to smoke in other places by smoking tobacco at the customer prior to the above convenience store and then, “Neas can die within five minutes, she must ring,” and the Defendant returned to the customer. However, the Defendant continued to purchase the tobacco from the victim on the above convenience store and continued to pay by taking a bath while purchasing the tobacco from the victim, thereby preventing the customer from entering or leaving the customer for approximately 20 minutes.”

Accordingly, the Defendant interfered with the convenience store business of the victim by force.

2. The Defendant, at the time, at the place, and at the place of the performance of official duties set forth in paragraph (1) of this Article, proposed that he purchase tobacco and returned to the Republic of Korea at other stores on a different store from F in the situation belonging to the Seoul Eastdong Police Station E District of the Seoul East Police Station, which was called upon 112 report, and assaulted F’s chest part of the said F’s chest part by hand, i.e., “I am going to the Republic of Korea, I am to the Republic of Korea, I am to the Republic of Korea, I am to the Republic of Korea, I am to the Republic of Korea, I am to the Republic of Korea, I am to the Republic of Korea, I am to the Republic of Korea, I am to the police.”

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to F and C;

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act concerning criminal facts as well as the choice of punishment;

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