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(영문) 대구지방법원 포항지원 2016.08.11 2016고단530
공무집행방해등
Text

A defendant shall be punished by imprisonment for 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 February 19, 2016, from around 22:00 to 22:20 on the same day, the Defendant: (a) took a bath to the customers who drink in the D restaurant run by the victim C (at the age of 52) in South-gu, Nam-gu; (b) while drinking alcohol in the D cafeteria operated by the victim C (at the age of 52), and obstructed the victim’s restaurant business by having the customers find the disturbance, such as making the customers tight, sing, singing, cooking, and singing and going beyond the table, and having the customers sing out of the table, and by force interfere with the victim’s restaurant business by force.

2. On February 19, 2016, the Defendant interfered with the performance of official duties, on the ground that the police officer F, belonging to the E District Police Station in the South-west Coast Guard, dispatched after receiving a report at the place specified in paragraph (1) around February 22:35, 2016, she met F, “Chewing fluor, bitched, bitched, dead.”

“In doing so, assaulted at one time on the left-hand eye of F with a bad hand, etc. while putting a bath.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 report handling.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to internal investigation reports (related to the attachment of photographs ofCCTV video recording materials);

1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), and Article 314 (1) of the Criminal Act (the point of obstructing duties and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (an aggravated punishment for concurrent crimes against a person who interferes with heavier business affairs);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and attendance order;

1. The sentencing guidelines set forth in the first-class crime (Interference with the Execution of Official Duties) [the scope of recommending a person who has been subject to special mitigation] [the scope of punishment] [the scope of punishment] mitigated area (one month to eight months of imprisonment] [the person who has been subject to special mitigation] mitigated area where the degree of violence, intimidation, and deceptive scheme is minor, the second-class crime (Interference with the Duties) [the scope of punishment recommended] mitigated area (one month to eight months of imprisonment] [the person who has been subject to special mitigation] [the person who has been punished [the person who has been subject to special mitigation] and was not punished (the person who has been subject to special mitigation].

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