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(영문) 서울서부지방법원 2016.07.20 2016고단1656
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 08:40 on June 9, 2016, the Defendant obstructed the victim’s restaurant business by force for about 20 minutes, including, but not limited to, the following: (a) he/she was found to have a credit card to make payments at the E restaurant operated by the victim D in Eunpyeong-gu Seoul Metropolitan Government; (b) he/she heard the phrase “I am fright and fright,” “I am for the same year, the end of the year,” and “I am humbling the entrance, and cutting off the door with the shock, and then interfered with the victim’s restaurant business by force.

2. On June 9, 2016, the Defendant, at around 09:00 on June 9, 2016, after receiving a report from the proprietor that the proprietor destroyed water and spawn it, was sent to Seoul, the Defendant: (a) was asked of questions about the circumstances of the instant case from the patrol officer affiliated with the Pyeongtaek-gu Police Station G patrol box, and (b) was discarded.

Blusium flusium shall be discarded.

”라고 욕설을 하고 이를 제지하는 H의 얼굴을 주먹으로 2회 때리고, 발로 왼쪽 발을 걷어찼다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Application of statutes on police statements made to H to H;

1. Relevant Article 314(1) of the Criminal Act, 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. The scope of the final sentence due to the aggravation of multiple crimes in the basic area (i.e., the scope of punishment) of the first type (i.e., the scope of punishment) of Article 62(1) of the Criminal Act for the reason of sentencing (ii) [i.e., the scope of punishment] of Article 62(1) of the Act on the Suspension of Execution and Punishment of Specific Crimes (ii) [i.e., the scope of punishment for special mitigation] of the mitigated area (ii) of Article 1 of the Act on the Suspension of Execution and Punishment of Specific Crimes (i.e., the scope of punishment] of Article 62(1) of the Act on the Suspension of Execution and Punishment of Specific Crimes (ii) of the Act on the Suspension of Execution and Punishment of Specific Crimes (ii) of Article 2

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