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(영문) 수원지방법원 성남지원 2017.03.30 2016고단3768
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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

On November 9, 2016, at around 20:30, the Defendant, at the main point of “D” operated by the victim C in Sungnam-si A, Sungnam-si, as a matter of alcoholic beverage payment, was punished for expenses with the victim’s face when the victim’s face, etc. due to drinking and shot, had the victim wear a distance from the floor, and had the victim set off the floor under the influence of alcohol.

Accordingly, in order to verify the identity of the defendant, F of the police officer of the Seongbuk-gu Police Station E box called out after receiving the victim's report 112, and G caused his body in order to verify the identity of the defendant, and the defendant, whom the victim was called up, was able to make the face of G and F one time each.

Accordingly, the defendant damaged the safety of the victim and interfered with the legitimate execution of duties by police officers on the handling of reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the F and G;

1. C’s statement;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) and Article 366 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that there is no particular criminal record except for the criminal defendant's sex, previous criminal records before 198

1. The community service order under Article 62-2 of the Criminal Act;

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