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(영문) 서울서부지방법원 2016.07.13 2016고단1189
공무집행방해등
Text

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

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 April 4, 2016, at around 06:10, the Defendant obstructed the victim’s restaurant business for about 30 minutes, including, but not limited to, the Defendant: (a) under the influence of alcohol in the D cafeteria operated by the victim C in Yongsan-gu Seoul Metropolitan Government; (b) was under the influence of alcohol in the D cafeteria; (c) was under the influence of a disturbance; (d) was under the influence of a disturbance; and (e) was under the influence of a disturbance to the next tebb customer; and (e) exercised violence against the Defendant; and (e) said, the Defendant interfered with the victim’s restaurant business for about 30 minutes, including, but not limited to, stating that the food and service of the restaurant is available.

2. On April 4, 2016, at around 07:05, the Defendant: (a) reported 112 at a D restaurant as indicated in paragraph (1) at around 07:05, and sent out, the Defendant: (b) took the face of F on one occasion by hand, who was requested by F and G to present an identification card; and (c) took the face of G in the left hand.

Accordingly, the Defendant assaulted police officers who perform legitimate duties in relation to the prevention, suppression, and investigation of crimes.

3. The Defendant interfered with the performance of official duties, and the Defendant was arrested as an offender in front of the D cafeteria specified in paragraph 2 at the time stated in paragraph 2, and was arrested as such by the aforementioned violence, and was boarding the back seat of the patrol vehicle, the Defendant broken off three times as soon as possible the victim H (32)’s right buckbbbbs, who was a policeman belonging to the Seoul Yongsan Police Station E box, seated beside the next seat.

As a result, the Defendant assaulted police officers who perform legitimate duties in relation to the prevention, suppression, and investigation of crimes, and at the same time inflicted on the victims about two weeks of medical treatment, such as the damage of legs or other ruptures.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, H, and C;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and Article 257(1) of the Criminal Act (the point of interference with business) of the same Act;

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

1. Selection of each penalty of imprisonment;

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