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(영문) 수원지방법원 성남지원 2016.02.04 2015고단2709
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 21, 2015, the Defendant, at the main point of “D” operated by the injured party C, which was in Sungnam-si, Manam-si, Manam-si, the Defendant: (a) called “D” in which the injured party C is demanded to pay the liquor; (b) laid off the glass on the customer’s surface; and (c) took it out of the main place; and (d) let the other customers, who had performed drinking at that place, have the said customer sound while drinking the alcohol at that place; and (e) let the other customers, who had performed drinking at that place, drink the alcohol, take the alcohol at that place; and (e) let them go out of the main place.

Accordingly, the defendant interfered with the management of the victim's main points.

2. On October 21, 2015, at around 23:30 on October 21, 2015, the Defendant: (a) reported a disturbance as described in paragraph (1) at the place specified in paragraph (1) at around 23:30; and (b) demanded the police officers F of the Sungnam Police Station E box called out after receiving 112 to leave the scene; and (c) demanded the said F to leave the site from G, the chest part of the chest part of the said F at one time; and (d) took three times the right shoulder part of the said F by hand.

이에 위 F, G이 피고인을 공무집행 방해죄의 현행 범인으로 체포하자 화가 난 피고인은 “ 씨 발 놈 아, 수갑 풀어 ”라고 소리치면서 발로 위 G의 정강이 부분을 2회 걷어찼다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement of H, I, and G preparation;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 314 (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 on the suspended execution;

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