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(영문) 대전지방법원 홍성지원 2015.08.28 2015고단486
공무집행방해등
Text

A defendant shall be punished by imprisonment 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 March 19, 2015, the Defendant interfered with business: (a) around 23:50 on March 19, 2015, the Defendant 2: (b) obstructed the operation of the victim’s sing clubs operated by the victim C (here, 49 years of age) by drinking alcohol, entering the room in which other customers are seated; (c) obstructed the operation of the victim’s sing club by force by having other customers go together the said sing clubs; (d) the victim avoided the Defendant; (d) followed the sofarc in the instant sing club; (e) cutting the sofarc in the instant sing club; and (e) cutting the befarcing the befet on the floor; and (e) cutting the befarc in the instant sing phone; and (e) interfered with the operation of the victim’s sing club by force.

2. The Defendant damaged the property by gathering smartphones as stated in the above paragraph (1) at the time and at the place specified in the above paragraph (1) so that the amount equivalent to 381,000 won for repair was damaged.

3. At around 00:30 on March 20, 2015, the Defendant obstructed police officers’ legitimate performance of duties in relation to police officers’ report processing duties by assaulting the Defendant, who received a 112 report that the Defendant avoided disturbance as described in the foregoing paragraph (1) at the singing club as described in the foregoing paragraph (1) and received a report from the said paragraph (1). Then, the Defendant obstructed police officers’ lawful performance of duties in relation to police officers’ report processing duties by assaulting the Defendant, who was subject to removal from a slope, which is a flaps of the said F. G. G., by taking the fla

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to H, C, G, and F

1. Article 314 (1) of the Criminal Act of the relevant statutory provisions concerning criminal facts (a point of interference with business, choice of imprisonment), Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of causing damage to property, choice of imprisonment), and Article 136 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the most serious crime of obstruction of performance of official duties);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The obstruction of performance of official duties (the scope of recommendations).

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