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(영문) 수원지방법원 성남지원 2018.06.08 2018고단556
업무방해등
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 March 5, 2018, from around 20:40 to around 21:10, the Defendant obstructed the business of the victimized party’s coffee shop by force, by means of force, such as: (a) the Defendant: (b) coming out of the store, by a police officer who received 112 a report to smoke in the store; and (c) again entering the coffee shop and called “to show what a criminal is”; and (d) the Defendant, for about 30 minutes of the disturbance, caused customers who were in the store to feel discomfor; and (b) prevented the victim E from receiving orders.

2. 공무집행 방해 피고인은 2018. 3. 5. 21:40 경 경기 성남시 분당구 F에 있는 분당 경찰서 G 지구대에서, 위 1 항과 같이 커피숍 영업업무를 방해를 하였다는 이유로 임의 동행된 후 지구대 출입문을 발로 찼고, 이를 제지하는 위 지구대 소속 경찰관 경위 H의 얼굴을 주먹으로 1회 때렸다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. A written investigation report on H’s written statement E in the police statement protocol with H (with respect to the confirmation of terrestrial ctv images), - a photograph by cutting a video, cad investigation report (with respect to cctv images) - a photograph by cutting a film, - the application of laws and regulations of video Cd.

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines 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 suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act of the community service order are against the defendant's wrongness, but the defendant has been punished twice due to the obstruction of the performance of official duties, including the suspension of execution even before, and all of the sentencing conditions recorded in the records shall be determined as the same as the order, taking into account the two factors of sentencing

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