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(영문) 대전지방법원 천안지원 2016.10.21 2016고단1259
공무집행방해등
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 11:00 on April 13, 2016, the Defendant: (a) expressed alcohol at the restaurant operated by the victim D, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu; (b) received a request from the above customers of his name-unified customers who were in the next place while drinking alcohol; and (c) made the above customers who moved to the next place while avoiding the Defendant, and made the said customers feel huming, and huming the said customers by threatening them to move to the next place; and (d) obstructed the victim’s restaurant business by force, such as having other customers in the restaurant move to the next place; and (e) having other customers in the restaurant go out of the restaurant by avoiding the Defendant, thereby obstructing the victim’s restaurant business by force.

2. The Defendant, at the time, at the place, as described in paragraph (1) and at the same time, brought a disturbance to the 112 report, and took place by an slope F belonging to the E-district of the Yananancheon, Northern Police Station E-district, and took a bath for returning home, and carried out a f to the f in his hand and pushed down the f with her chest by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Application of H’s self-performance statute;

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

A. Type 1 (Decision of Punishment) of the obstruction of performance of official duties (Decision of the recommended area), basic area of the obstruction of performance of official duties (decision of the recommendation area), 6 months to 1 year and 4 months (the grounds for suspension of execution of official duties) - positive: social ties clearly, serious reflectivity, and there are no criminal records above the suspension of execution.

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