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(영문) 서울중앙지방법원 2017.02.08 2016고단5826
공무집행방해등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 2, 2016, around 21:50 on August 2, 2016, the Defendant: (a) obstructed the victim’s task by force by putting the victim’s connotation of 5 minutes of disturbance, such as drinking, drinking, etc., to customers in Gangnam-gu, Seoul, under the influence of alcohol at E- stores operated by the victim D; and (b) putting the customers at the same time with the desire to call “nick,” and thereby obstructing the victim’s tasks.

2. At around 22:00 on the same day as the preceding paragraph, the Defendant: (a) took a bath, while drunkly drinking on the road in front of the Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant obstructed the traffic of vehicles driving the above road for about 10 minutes by blocking two automobiles operating there.

3. When the Defendant was arrested as a current offender of the charge of interference with the above duties and general traffic obstruction by the police officer of the Seoul Gangnam Police Station G Police Station G police box, who was dispatched to the scene after receiving 112 reports at the same time and place as paragraph 2 of this Article, the Defendant: (a) took a bath, such as “I see this dog, shes down down in the last laps; (b) Hashe spits down on face,” and assaulted on the face once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the handling of reports and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Written statements of D;

1. Application of the statutes on road photographs;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 185 of the Criminal Act (the point of obstructing general traffic), Article 314(1) of the Criminal Act (the point of interfering with business), the selection of imprisonment for a crime;

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 stay of execution ( considered as follows in favor of the defendant);

1. The defendant's age is based on the reasons for sentencing under Article 62-2 of the Criminal Code of the community service order.

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