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(영문) 인천지방법원 부천지원 2015.06.24 2015고단1118
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. On February 10, 2015, from around 23:20 on February 10, 2015 to around 0:45 of the following day, the Defendant: (a) the Defendant: (b) the victim C, operated in Bupyeong-gu, Seocheon-gu, Busan; (c) the victim C, without any reason, was able to be drunk, and (d) the Defendant, without any reason, obstructed the said victim’s drinking business by forcing the customers in his/her drinking house to take out of the drinking house; and (c) the Defendant, by force, obstructed the said victim’s drinking business by force.

2. The Defendant publicly insultingd the victim G of the police officer G belonging to the Busan District Police Station, the Busan District Police Station, who was dispatched after receiving 112 report that three customers, including the foregoing drinking house E, etc., and having many customers, at the time and place indicated in the foregoing paragraph (1).

3. On February 11, 2015, the Defendant engaged in obstruction of performance of official duties, at approximately 00:46, who was arrested in the act of committing an act of interference with duties, and moved to the F district located in I getting on the back of the H police vehicle and getting on the back of the H police vehicle, and committed assault on approximately 2 and 3 parts of the saidJ’s back to the front part, one time by hand, on the face of the slope J, belonging to the F District of the House of the House of the House of the House, the Busan High Police Station, the Defendant was arrested in the act of interference with duties.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the statement statement made to G, J and E;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment for a crime;

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 the punishment prescribed by the most severe crime of interference with business);

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

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act, the Act on Probation, etc.;

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