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(영문) 서울북부지방법원 2017.11.09 2016고단5129
공무집행방해등
Text

The punishment of a defendant shall be eight months.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 13, 2016, at the “E” restaurant operated by D in Seongbuk-gu Seoul, Seoul on November 13, 2016, the Defendant continued to take an employee F (58 years of age) and its customers “years, spacing, spacing, spacing, spacing, and spacing,” while drinking alcohols, and the Defendant spacing a fright for about one hour, such as the going of customers who find out the fright.

The Defendant, by these force, interfered with the victim D's restaurant business.

2. Around that time, the Defendant, on the ground that the police officer H, who was called upon 112 reported and sent out by the Defendant, expressed a great desire to “I, i.e., fluor, fluor, bitch, bitch, bitch bitch, bitch bitch,” in a state where there were customers and employees who were eating in the restaurant at the restaurant.

The Defendant openly insulting the victim H.

3. Around that time, the Defendant was arrested as a current offender from H, and was notified of the contents thereof, and was removed from the clothes of H, who was demanded to accompany, and had H’s left hand hand flick, flick, and flick.

The Defendant assaulted police officers who perform legitimate duties in relation to the prevention, suppression, and investigation of the same crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with F and H;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 136(1), Article 311, and Article 314(1) of the Criminal Act, which provides for the legal provisions on criminal facts;

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. Determination of punishment under Article 62-2 of the Criminal Act of the community service order;

1. Recommendation type of sentencing criteria: Imprisonment with prison labor for a minimum of six months;

2. Decision of punishment: to recognize errors;

The state of alcohol has been under the influence of alcohol.

There is experience of fine 11 times.

The victim of interference with business does not want to be punished.

Police officers who have suffered damage shall be punished.

One action against police officer should be criticized.

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