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(영문) 인천지방법원 2016.01.20 2015고단7126
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 24, 2015, at around 21:00, the Defendant obstructed the victim’s main store business by force by driving a disturbance, such as, under the influence of alcohol at D main points in the operation of the victim C in Eunpyeong-gu Seoul Metropolitan Government, a large amount of approximately 30 minutes of “coping”, and a victim’s “coping”, and driving the customer with drinking, thereby obstructing the victim’s main store business.

2. On August 24, 2015, at around 21:40, the Defendant: (a) expressed that “F,” a slope F, belonging to the E District of Seoul Western Police Station E District, sent out to the site after receiving a report of 112 at the place specified in paragraph (1) of this Article, “F,” intending to take the face of the F in drinking, and assaulted F, f, with his/her mouth.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the respective laws and regulations in C and G;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) A point of interference with business affairs: Article 314 (1) of the Criminal Act (the choice of imprisonment);

(b) point of obstructing the performance of official duties: Article 136(1) of the Criminal Act (the choice 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 (The following circumstances considered in favor of the reasons for sentencing);

1. For the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the scope of the final sentence due to the aggravation of multiple crimes (including a serious effort to recover damage) in the mitigation area of punishment (one month to eight months), the mitigation area of punishment (including a special mitigation person), the mitigation area of punishment), the mitigation area of punishment (including a serious effort to recover damage) for multiple crimes, which has no previous criminal records of the punishment of June to 1 year [the scope of punishment], the recognition of his mistake and violation of his duties, the occurrence of the crime of this case under the influence of alcohol, the occurrence of a contingency against the victim of this case on December 11, 2015 and the victim of this case on December 11, 2015

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