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(영문) 인천지방법원 부천지원 2017.08.11 2017고단996
공무집행방해등
Text

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

Of the facts charged in the instant case, assault against the victim C on April 27, 2017.

Reasons

Punishment of the crime

1. On February 27, 2017, the Defendant assaulted the victim F (n, 38 years of age) who is an employee of the above business establishment, demanding the calculation of charges from the “Age” located in Bupyeong-si, Bupyeong-si on February 27, 2017, such as taking the victim’s head debt, making the victim’s face face face one time by drinking.

2. On March 23, 2017, at around 21:00, the Defendant: (a) ordered an order from “I”; (b) paid KRW 50,00,000 after ordering the owner of the Victim H in Seocheon-si, G; and (c) demanded the victim to pay the cost after using the owner of the instant instrument and singing for one hour; and (d) the Defendant did not drink “I”.

It was difficult to avoid disturbance for about 30 minutes, such as “I will not calculate,” and “Nea 53 to two years, each 53 year bitch bitch bitch bitch bitch, Circh bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitchh, and this bitch dh in the early childhood.”

Accordingly, the Defendant interfered with the victim's entertainment shop business by force.

3. On March 24, 2017, at around 01:10 on March 24, 2017, the Defendant: (a) received a report on the fact that he was suffering from disturbance at the business establishments as set forth in the above paragraph (2) above; (b) prevented the Defendant from avoiding disturbance; and (c) the police officers, other than K and four other than K, from the Jncheon-gu Police Station Jon-gu, Seocheon-gu, Seoul; and (d) assaulted the Defendant at one time at the right chest of K by drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Each statement of H and F;

1. A public official's certificate or J District Court's service;

1. Application of the F) Acts and subordinate statutes to the victim’s body photograph;

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 314(1) of the Criminal Act (the point of interfering with business), Article 260(1) of the Criminal Act (the point of violence) of the Criminal Act, and the choice of imprisonment for each crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The sentencing criteria shall be;

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