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(영문) 창원지방법원 마산지원 2015.06.17 2015고단284

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around April 8, 2015, the Defendant obstructed the victim’s restaurant business and assaulted the victim by force, including obstruction of business, obstruction of business, and assaulting the victim’s restaurant business at E-cafeteria operated by the victim D in Changwon-si, Changwon-si, Changwon-si, by taking a bath to the victim without any reason, and committing assaulting the victim.

2. On April 8, 2015, the Defendant interfered with the performance of official duties, on the front day of the above Ecafeteria, at around 11:28, the Defendant assaulted the police officer’s legitimate execution of duties concerning the prevention, suppression and investigation of the crime by assaulting him, such as: (a) he was required to present his identification card by G from a slope belonging to the F District Unit of the Msan Central Police Station, who was dispatched to the site after having received a 112 report that the Defendant fright his catch; and (b) he was requested by G to present his identification card by G from a slope belonging to the F District of the Msan Central Police Station, who was dispatched to the site

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D or G prepared by the police;

1. Application of Acts and subordinate statutes to report internal accidents (related to the verification of CCTV images at the site);

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 260(1) 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. From among concurrent crimes, the sentencing reasons under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include several concurrent crimes, such as obstruction of business, obstruction of performance of official duties, etc. In particular, the Defendant was sentenced to a suspended sentence of two years on December 9, 2014 to imprisonment with prison labor for the crime of obstruction of performance of official duties, etc. on the grounds that the Defendant committed the instant crime during the appellate trial while serving in the appellate trial, but the sentence shall be determined as per the disposition, taking into account the confession and rebuttal of the Defendant, and the degree of the assault of this case, etc.