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(영문) 서울남부지방법원 2014.06.23 2014고단1817
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. On May 18, 2014, at the “C” convenience store located in Yeongdeungpo-gu Seoul Metropolitan Government on May 18, 2014, the Defendant obstructed the victim’s convenience store sales business by getting the victim D, an employee of the said convenience store, without any justifiable reason, to take a trial fee, having the victim D, who is the employee of the said convenience store take a large interest, and throw the theater displayed on the camera at the bottom, and let the customers of the said convenience store leave without selling the goods, thereby hindering the victim’s convenience store sales business.

2. On May 18, 2014, the Defendant assaulted “C” convenience stores located in Yeongdeungpo-gu Seoul Metropolitan Government on the front of May 18, 2014. On the front of the convenience stores, the Defendant asked whether the police officer affiliated with the Seoul Yeongdeungpo Military Police Station, who was called out after receiving a report from 112 that the Defendant frighted the fright at the convenience stores, inflicted an assault on the Defendant by asking whether the E was assaulted against the said D.

Accordingly, the defendant interfered with the maintenance of police officers' order and legitimate execution of their duties.

3. Around 00:53 on May 19, 2014, the Defendant insultd the victim by openly speaking to the G District District of the Seoul Yeongdeungpo Police Station located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, as a flagrant offender with obstruction of performance of official duties, assault, and obstruction of performance of official duties, and the civil petitioners in the said district were arrested as a flagrant offender with the victim’s view to the victim’s horse Ha, who read the victim’s horse Ha as the victim’s horse friend, friend, friend, friend,” and publicly insulting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and H;

1. Application of the laws and regulations of I and J;

1. Relevant Articles 136 (1), 314 (1), and 311 of the Criminal Act concerning the facts constituting an offense.

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

1. All the circumstances, such as the confession of the crime under Article 62 (1) of the Criminal Act, the depth of the mistake is divided, the fact that there is no previous error, and the fact that there is a smooth agreement with the victim D;

1. Order of community service;

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