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(영문) 수원지방법원 2017.06.08 2017고단1064
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 January 15, 2017, the Defendant interfering with his/her duties: at the “E” restaurant operated by the Victim D (52 tax) located in Suwon-si, Suwon-si, Suwon-si, the Defendant: (a) entered the said restaurant and without any special reason under the influence of alcohol; and (b) entered the restaurant and opened it to the customer “Is the age of the width;”

wherever origin is

Purpose of this Act, Doz.

“Tog the trial cost”, and the injured party requests the defendant to out of it.

하자 다른 손님에게 “ 뭘 째려봐 이 새끼야, 너 몇 살이냐

“Is the victim’s age,” and “Is the victim’s age;

It shall be reported to the head of the Gu and the police.

“ .............”

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

2. On January 15, 2017, at around 00:43, the Defendant obstructed the performance of official duties, on the way ahead of the “F” located in Suwon-si, Suwon-si, Suwon-si, the Defendant received a 112 report, and received a disposition of notification due to drinking disturbance from the slope H belonging to the G District H in the Gyeonggi-gu Police Station G District, Seowon-gu, the Defendant: (a) sent the notification Stick to the said H; and (b) assaulted twice the upper part of the left part of the said H’s left part.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and D;

1. Application of the investigation report (E CCTV verification) Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each 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 suspended execution;

1. The Defendant’s defense counsel for the observation of protection and the determination of the assertion of mental and physical weakness under Article 62-2 of the Criminal Code of the Social Service Order, and the Defendant was in a state of mental and physical weakness due to the editing illness at the time of the instant crime

As a result, according to the records, the defendant's mental health care is given to editing soldiers.

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