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(영문) 청주지방법원 2017.03.22 2016고단2105
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of 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 May 30, 2016, the Defendant interfering with his/her business: (a) in collusion with B, on the ground that: (b) around May 30, 2016, the Defendant: (c) the head of office F in the Esing room operated by C Victim D, who was in his/her address, demands the payment in advance, and (d) the Defendant demanded F to approve the advance payment; (b)

미친년 아 "라고 욕설을 하며 라이터를 땅바닥에 던지고 카운터 안으로 들어가려 하고, 뒤늦게 그 곳에 도착한 피해자 D에게 " 좃만한 새끼야, 너는 빠져 "라고 큰소리로 욕설을 하고 고함을 치고, 피고인은 이에 가세하여 피해자 D에게 욕설을 하며 “ 이 동네에서 장사하기 싫으냐,

In this sense, whether the business can be operated equally;

For about 40 minutes by exercising the power such as "to close singing doors by opening a person," it interfered with the victim D's singing operations.

2. On May 30, 2016, around 22:55, the Defendant: (a) was arrested as an offender in the act of interference with duties by the police officer H, etc., who was dispatched after receiving a report of disturbance at the Esing room, as prescribed in paragraph (1).

In addition, the Defendant, while boarding the patrol vehicle and moving to the patrol zone, took the face of the victim H, who is a police official in the police being escorted by being seated back to the head, and assaulting the above victim by walking twice, thereby obstructing the police officer’s legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

Application of Acts and subordinate statutes, such as D of the suspect interrogation protocol against the defendant's legal statement B, photograph of the victim of the police statement protocol against H, etc.

1. Relevant legal provisions of the Criminal Act, Articles 314(1), 30 (Interference with Business), and 136 (Interference with Execution of Official Duties) of the Criminal Act, the choice of imprisonment for a crime;

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

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Reasons for sentencing of Article 62-2 of the Criminal Act for community service work.

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