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(영문) 서울남부지방법원 2017.06.28 2017고단1786
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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 March 23, 2017, the Defendant: (a) entered the “E” restaurant operated by the victim D located in Guro-gu Seoul Metropolitan Government on March 23, 2017; and (b) on the grounds that it cannot be ascertained, the Defendant interfered with the Defendant’s business, “Is the frich flab flab nbb flab.”

“Absing along with sound, hinging the victim’s scam, and scam out of the police officer after receiving the victim’s 112 report, which led to the victim’s interference with the victim’s restaurant business by force for about 20 minutes from around 22:30 minutes of the same day, including the victim’s scam and the victim’s scam and scam to the customers.

2. The Defendant interfered with the performance of official duties and the Defendant injured the Defendant, at the date and time, at the place specified in paragraph 1, as described in paragraph 1, was raising a disturbance in the “E” food store, as described in paragraph 1, and the 112 reported and sent out to the site, was the defect that the Defendant would arrest the Defendant as the current offender of the crime of interference with the performance of duties by the police station G (34 tax) affiliated with the police station in Seoul, Guro-gu, Seoul, Seoul, to arrest the Defendant as the Defendant, and the victim’s arms and posts were asked once as soon as possible at the time and at the same time, the Defendant laid down the 2-day plant posts that require approximately two weeks treatment to the victim.

As a result, the Defendant interfered with legitimate execution of duties concerning the investigation of crimes such as arrest of police officers in flagrant crimes, and the handling of 112 reported cases, and inflicted bodily injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Application of Acts and subordinate statutes to photographs damaged by police officers;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties), Article 257(1) of the Criminal Act (the point of injuring an injury) and Article 314(1) of the Criminal Act (the point of obstructing duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor for choice of punishment;

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. Protection observation, taking lectures, and community service order Article 62-2 of the Criminal Act;

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