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(영문) 서울북부지방법원 2018.02.21 2017고단5325
공무집행방해등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 1, 2017, at around 06:50 on August 1, 2017, the Defendant: (a) display a mountain to the other customers who provided meals in the table table table, which did not drink on the ground that he she endeded in the “E” restaurant operated by the Seoul Central-gu Seoul Central-gu C Victim D; and (b) seeing that the Defendant was friencing to the other customers who provided meals on the table table; and (c) seeing that:

In this sense, this House booms off the floor of water and water booms on the table, and interfered with the victim D's restaurant operation by force for about 45 minutes, such as by finding out the law, and lowering the glass from the friendly acid, which he was in possession of "Semans fewn".

2. 공무집행 방해 피고인은 제 1 항 기재와 같은 일시 및 장소에서 112 신고를 접수하고 현장에 출동한 F 지구대 소속 경사 G, 순경 H이 위와 같이 소란을 피우는 피고인을 달래 귀가시키려고 하는데도 피고인이 계속 우산으로 식당 유리창을 두드리는 것을 말린다는 이유로, “ 씨 발 좃만한 놈 아 ”라고 욕을 하며 주먹으로 위 H의 복부를 때리고, 우산으로 위 G의 얼굴을 찌를 듯이 흔들어 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties by the police officers on the handling of 112 reports and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Each investigation report (to make a statement by telephone of a witness);

1. Application of Acts and subordinate statutes to photographs of criminal implements;

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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 provides for the reasons for sentencing under Article 62(1) of the suspended sentence, and Article 62(1) of the Criminal Act provides that the basic area (from June to one year and six months) (no person in special sentencing) exists.

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