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(영문) 의정부지방법원 2015.10.30 2015고단3034
공무집행방해등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

1. On August 6, 2015, the Defendant interfered with Defendant A’s business: (a) around 22:30, at the “EM” store operated by the Victim C; (b) around 40 minutes of the disturbance, the Defendant got out of the place of business due to the following: (c) having been suffering from beer’s disease and chairs, etc. while drinking together with the Plaintiff’s Government-Si-si B, who had been suffering from drinking.

Accordingly, the defendant interfered with the victim's main role operation by force.

2. On August 6, 2015, Defendant A was arrested as a flagrant offender with obstruction of business from police officers G belonging to the F District Police Station of the Gyeonggi-do Government Police Station, and H, and sent back to the district after being arrested as a flagrant offender with obstruction of business, Defendant A, at around 23:50 on August 6, 2015, sent the said G’s left arms one time by hand, and she was on one time at the same time with the left eye of the said H.

Defendant B continued to be arrested by the police officers as above, on his hand, tried to restrain the above Defendant A from stopping the above G’s left part of the said G, and she left the said H’s arms on a drinking basis.

Accordingly, the Defendants conspired to assault police officers who perform legitimate duties in relation to the suppression, prevention and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C, H and G;

1. Application of statutes on site photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively.

B. Defendant B: Article 136(1) of the Criminal Act (Optional to Imprisonment)

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The basic area of Defendant A’s primary crime (Interference with Business) (Scope of Recommendation) (Article 1) (Interference with Business) (Type 1 (Interference with Business) (Class 6 to June) (Article 1).

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