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(영문) 창원지방법원 2013.12.13 2013고단2682

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 August 16, 2013, at around 22:00, the Defendant causing property damage, who was demanded payment of the drinking value from “Csing room” in the “Csing room’s singing room’s business owner” (hereinafter “Sing room’s 48 years of age”) was damaged by having the Defendant walked with a view to “Singing-to-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king-king

2. On August 16, 2013, the obstruction of performance of official duties and the Defendant was asked about whether he would not pay the alcohol value on the ground of son’s slopeF, who was called out after receiving a report on the drinking value test under the foregoing paragraph (1), from the background E (the age of 46) of the police station and the victim slopeF.

The Defendant committed an assault against the said E, by referring to “A bitch bitch bitch bitch bitch,” etc., to “A bitch bitch bitch.”

Then, when the police officers arrested the above police officers, and the front side of the instant singing-sing building, the victim F was able to take a bath, such as “I am out, am out, am out, I am out, I am out, I am out, I am.”

As a result, the Defendant interfered with the legitimate execution of duties by police officers on a report site investigation, and openly insultd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of the Acts and subordinate statutes to photograph four-dong police officers, such as the scene of damage, victim's photograph, etc.;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act is that the defendant refuses to pay the legitimate liquor value to the victim D who is the business owner.