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(영문) 수원지방법원 안양지원 2016.05.19 2016고단322
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 5, 2016, the Defendant: (a) 02:25, at the main point of “C” located in Sayang-si, Sayang-gu, Sayang-si, Sayang-si; (b) had his employee D sit up on his/her own side and drink it according to his/her alcohol; and (c) followed D by a defect that may occur on the spot.

Since then, the Defendant, despite the control of the victim E (26 tax) by the owner of the above main station, was able to avoid disturbance for about 25 minutes by passing through the Katter and passing through the main station.

Accordingly, the defendant interfered with the victim's main business by force.

2. On March 5, 2016, around 02:50, at the place described in paragraph 1, and the head of the main place where the Defendant was unable to check the Defendant’s obstruction of business, such as the entry in paragraph 1, reported to E in 112, police officers, such as F District G and H District police officer I, were dispatched to the said main place.

그 곳에서 위 경찰관들이 피고인에게 귀가를 권유하자, 피고인은 욕설을 하면서 손으로 경장 I의 가슴을 1 회 밀쳤고, 이에 경장 G이 피고인을 제지하자 피고인은 발로 위 경장 G의 허벅지를 1회 찼다.

As a result, the defendant interfered with legitimate execution of duties on the handling of reports by G 112 and 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G and I;

1. Each written statement of E and D preparation;

1. A report on investigation;

1. Application of the CD-related Acts and subordinate statutes to the victim’s photo, CCTV images-fashion photographs, video-fashion photographs;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each sentence of imprisonment;

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 on the Defendant’s assertion under Article 62-2 of the Criminal Act regarding community service order.

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