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(영문) 인천지방법원 부천지원 2017.02.07 2017고단101
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. 업무 방해 피고인은 2016. 12. 10. 22:15 경 부천시 오정구 B에 있는 피해자 C(17 세) 가 관리하는 D 편의점에서, 계산대 앞에서 계산하고 있던 손님에게 “ 씹새끼야” 라는 등의 욕설을 하고, 계산대 위에 진열되어 있던 과자를 계산도 하지 않고 먹으며, 피해자가 “ 계산하고 드셔야 한다” 고 말하자 손에 들고 있던 과 자를 계산대와 바닥에 뿌리고, 계속하여 피해자에게 “ 입술이 빨갛다.

The entry must be removed.

In the words of "Ne that the body is not bad," etc., the victim's convenience store business was obstructed by force by avoiding disturbance for about 10 minutes, obstructing the accounts of the victim and the customers.

2. On December 10, 2016, around 22:50, the Defendant: (a) arrested a flagrant offender in the act of interference with the duties set forth in paragraph (1) at the Seocheon-gu Police Station E District; and (b) was transferred to the said district; (c) during the process, the Defendant carried the front door of the said district; (d) laid down the police officer F, who belongs to the said district; and (e) laid down him/her with his/her seat.

Accordingly, the police officer G, who was affiliated with the above earth unit, assaulted the Defendant of the above G's back-wing body due to the fact that he was dissatisfied with the above G's complaint.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest and maintenance of order of police officers in the act of crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. A H statement;

1. Application of on-site photographs and statutes governing damaged photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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 stay of execution (see, e.g., that the defendant is against his/her will, and that the defendant has no record of having been sentenced to imprisonment without prison labor or heavier punishment since 201);

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