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(영문) 서울북부지방법원 2016.07.22 2016고단1491
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 21, 2016, from around 10:40 to around 11:20, the Defendant, who interfered with the business, was under the influence of alcohol in the 7 Dobongsan Station 964-40, Dobong-gu Seoul, Dobong-gu, Seoul, and without any justifiable reason, engaged in repairing the subway card sales machine at the Dobong Station’s 7th Dobong Station 964-40, the Defendant was the victim C (39 years of age) who is an employee of the subway Corporation, who was engaged in repairing the subway card sales at the Dobong Station. However, the Defendant was able to sit in the low machinery from the victim.

In order to hear the horses “,” the victim was able to take a bath at the large interest of “nick, finite, and finite,” and thereby interfered with the victim’s repair work of the subway card issuing machine by force by avoiding the disturbance for about 30 minutes.

2. Whether the Defendant, upon receiving a report on around 11:30 on the same day, was discharged from the guards E (50 taxes) belonging to the Seoul Dobong Police Station D police box in Seoul, Dobong-gu, Seoul, to whom he was dispatched, and thereby, the Defendant:

In doing the bath, “I knife the outside strings in which E suffered by her fingers, I knife the appearance boomed in this item, and have E cut the brue, and interfered with the legitimate execution of duties of police officials in relation to the maintenance of order and criminal investigation by assaulting violence, such as 2-3 times the part part of E with 2-3 times the brue in their possession.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of statutes on site photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Two crimes with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act (Interference with the performance of official duties) / [the scope of recommending punishment / [the scope of recommending punishment] 1 types of crimes (Interference with the performance of official duties / coercion of duties / From June to January 4) in the basic area (the person with special sentencing factors / [the scope of recommending punishment] / [the scope of recommending punishment].

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