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(영문) 수원지방법원안산지원 2020.10.14 2020고단3450
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:00 on August 21, 2020, the Defendant obstructed the victim’s restaurant business by abusing a disturbance between about 20 minutes of the disturbance, i.e., playing and drinking alcohol in front of the “D” restaurant where the victim C (the South and the age of 19) works, and neglecting the victim’s restaurant business by force, by failing to enter the restaurant, and preventing customers, who were going to enter the restaurant, including the victim, from entering the restaurant.

2. On August 21, 2020, at around 02:12 on August 21, 2020, the Defendant: (a) took an inquiry of the circumstances of the instant case from three persons, such as the head of the Ansan Police Station Emba, sent by the Defendant after receiving a report of 112 that the Defendant is being sping with his customers; and (b) assaulted the said F’s item by hand at one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement of the police concerning F of the defendant's legal statement;

1. C’s statement;

1. Application of the Acts and subordinate statutes concerning a CCTV image data closure;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act Article 62-2 of the Probation Act, the sentence shall be determined as ordered in consideration of the following circumstances and the defendant’s age, environment, motive, means and consequence of the crime, and the circumstances of sentencing indicated in the records, such as the circumstances after the crime.

Unfavorable circumstances: The circumstances that are favorable to the defendant's previous records of violence: The fact that the defendant acknowledges his/her mistake, and that he/she has agreed with the victim of the crime of interference with business.

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