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(영문) 의정부지방법원 고양지원 2013.06.05 2013고단564
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around 08:00 on September 4, 2012, the Defendant obstructed the victim’s convenience store operation by force by putting the victim’s e-mail in front of the e-mail of the victim’s D operation in Yongsan-gu, Mangsan-si, Mangsan-si, under the influence of alcohol, with a large voice of “sprinking and opening” the part of the customer who, without any special reason, puts the victim’s e-mail, and obstructed the victim’s convenience store operation by: (a) under the influence of alcohol; (b) doing so; and (c) doing so to the visitors to enter the e-mail for about one hour.

2. At around 09:20 on September 4, 2012, the Defendant: (a) arrested a flagrant offender for the same crime as paragraph (1) and brought him into the said district; (b) under the influence of alcohol, the Defendant spited the parts and parts of the slope G’s slope bucks, a police officer belonging to the said district, who was working in the custody of the Defendant and on the earth’s global situation without any special reason; and (c) spited the said slope G by bucking down the bucks of the Defendant, a police officer belonging to the said district; and (d) assaulting the police officer, a police officer belonging to the said district, who continued to restrain it for the purpose of preventing a crime, twice the police officer’s H’s platform, which was the police officer assigned to the said district, committed an assault twice.

Accordingly, the defendant interfered with the police officers' legitimate performance of their duties concerning global guard service and crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each complaint filed by G and H;

1. Each police statement about G, H and D;

1. A copy of the working log;

1. Application of Acts and subordinate statutes to photographs on the books of a district office;

1. Relevant Articles 136(1) and 314(1) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Of the concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [Reasons for Punishment] has committed each of the crimes in this case even though the defendant had a large number of violent crimes, and the content of each of the crimes in this case has not been mitigated. The defendant is inevitable to be sentenced to punishment, and the form of violence, degree of damage, and all of the crimes against the defendant.

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