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(영문) 대구지방법원 서부지원 2016.06.03 2016고단496
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 February 10, 2016, from around 14:00 to 16:00 of the same day, the Defendant: “E cafeteria” in the “E cafeteria operated by the victim D(38) located in the Daegu-gu Seo-gu Office C, saying, the Defendant: (a) caused the victim to see that “I am together with his life, I am in my old on the old day; (b) I am away with the D president; and (c) caused the victim’s wife and son, and son, for two hours during which I am unable to prepare for the business in the place where I am in a bad customer.”

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. The Defendant interfered with the performance of official duties on the same day at the same place as 16:21 on the same day, and on the grounds that Gman belonging to the F District of the police station G was under the influence of the Defendant, she was under the influence of the Defendant, “I do not ask without any question to the operator of a restaurant, and you go to the house of the same day.”

“H is a high flag, and the flag is not a flag, not a flag, and the flag was paid only once in case of murder.” At the same time, “H was flaging the shoulder of G by double descendants,” G was flaging the chest, flaging the chest of G, and flaged by her head.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the 112 reporting handling duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to G and D;

1. Relevant 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 (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that a defendant does not want punishment by mutual consent with D

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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