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(영문) 수원지방법원 평택지원 2017.03.30 2016고단2211

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 8, 2016, the Defendant: (a) requested the victim to substitute drivers while drinking alcoholic beverages at the “D” restaurant operated by the victim C in Pyeongtaek-si B on October 8, 2016.

The defendant has been a proxy engineer for the victim's spouse.

In order to hear from the awareness of “a large sound,” and without sea, the expression “years, Mad Mad ...”, “a large sound,” and had approximately 20 minutes of the disturbance avoided, thereby making customers who had been living there.

Accordingly, the Defendant interfered with the operation of the restaurant of the victimized person.

2. On October 8, 2016, at around 23:00, the Defendant damaged property, the victim C, who was parked outside of the above restaurant, caused the victim C to write off the part of the right-hand part of the back of the motor vehicle of the Esp-ray owned by the victim C so that the repair cost on the vehicle can be turned out.

Accordingly, the defendant damaged the victim's property.

3. 공무집행 방해 피고인은 2016. 10. 8. 23:25 경 평택시 F에 있는 G 앞길에서 112 신고를 받고 출동한 평택경찰서 H 파출소 소속 경장 I으로부터 업무 방해 등의 현행 범인으로 체포되어 순찰차에 타고 있던 중 차에서 내리려 다 제지를 당하자 “ 야, 씹새끼야. 사진 찍어! ”라고 욕설을 하며 순찰차 뒷문을 닫지 못하게 발로 밀고, 이에 발을 안으로 집어 넣으라고 요구하는 위 I의 팔을 발로 1회 찼다.

As a result, the defendant assaulted police officers who were performing legitimate duties concerning the processing of 112 reports and criminal investigations, thereby obstructing the execution of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A written statement of C and J;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) of the choice of punishment for the crime, the choice of imprisonment with prison labor for the 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. Suspension of execution;