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(영문) 부산지방법원 동부지원 2017.11.08 2017고단601
공무집행방해등
Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above cases against the defendants for two years from the date of the final conclusion of the judgment.

Reasons

Punishment of the crime

1. On February 1, 2017, at around 03:00, the Defendants committed the joint crime of the Defendants: (a) the victim E’s “Fsing practice place” operated in Busan Shipping Daegu; (b) the Defendants, while enjoying entertainment, engaged in a dispute with each other for an unforeseen reason by drinking alcohol; (c) the Defendants laid off the glass cups on the table; and (d) Defendant B, by cutting off the glass cups on the table; and (c) Defendant B, by cutting off the beer’s head and hinging the beer’s disease, let the customers out of the place; and (d) prevented other customers from entering the place.

Accordingly, the Defendants jointly interfered with the victim's singing practice room business by force for about two hours.

2. The Defendant’s sole crime committed by Defendant A, at the above date, at the above time, and at the above place, the police officers G belonging to the Shipping Station of the Maritime Police Station, sent out after receiving a report of 112 during the disturbance, attempted to verify the details of the report to the Defendant, and obstructed the Defendant’s legitimate execution of duties concerning the handling of the report and criminal investigation by the police officers on the case of the 112 police officers, by putting them out “sing the singing, singing the wres of the police officer,” and putting them out to the humbbbbbs of the instant wres and the hacks of G in his hand,

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E, G, and H;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 314(1), 30(s) of the Criminal Act, and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment, etc.) (the point of obstructing the performance of official duties, and the choice of imprisonment)

B. Defendant B: Articles 314(1) and 30 of the Criminal Act (Options of imprisonment)

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for the suspension of execution (the following sentencing shall be considered in light of the favorable circumstances in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, such as an order to attend a lecture and an order to provide community service, is a failure in the drunk place of business.

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