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(영문) 서울남부지방법원 2014.10.07 2014고단3008
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 01:00 on July 24, 2014, the Defendant: (a) was under the influence of alcohol, and around the D restaurant operated by the Victim C in Yangcheon-gu Seoul Metropolitan Government; (b) while his father and her mother were in dispute with her mother, the Defendant expressed her desire to “I will die, brue, hum, hume, hume, and hume” by entering the above restaurant; and (c) interfered with the Defendant’s business restaurant business by abusing approximately 20 minutes of the seven empty tables, which were in his hand, into the floor, by avoiding disturbances, and by force, it interfered with the victim’s business restaurant business by force.

2. The Defendant committed an act of obstructing performance of official duties, at the time, at the place, as mentioned in the above Paragraph (1) above, and at the same time, and at the place, the Defendant took a bath to F of the police officer belonging to the Yangcheon Police Station E-gu, Yangcheon Police Station E-gu, who called “Ye, Chewing flag, flag, sat, and Chewing flag,” and assaulted F by hand, such as flabing a ebbbbbbbbb, flag, s

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of G and H;

1. Application of Acts and subordinate statutes to investigation reports (verification, such as the domicile of a D cafeteria);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines are not set for the crime of interference with business in relation to the crime of obstruction of performance of official duties and the crime of interference with business, which are concurrent with the crime of obstruction of performance of official duties, which have no special punishment, in the basic area (6 to 14 months) of category 1 (in the case of obstruction of performance of official duties and coercion of official duties). Thus,

2. Circumstances disadvantageous to the decision of sentence: The defendant C without any particular reason.

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