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(영문) 대구지방법원 안동지원 2019.05.03 2019고단59

업무방해등

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. Around 01:40 on January 29, 2019, the Defendant obstructed the victim’s PC business for about five minutes in a way that the victim C, who was in Ansan-si B, takes a bath with the large interest of “DPC” under the influence of alcohol, such as “I fright, fright, fright, fright, fright, fright, fright, fright, fright, fright,” and walked with the equipment, such as the table table, petroleum fright, etc., in a manner that the victim C was an employee, and obstructed the victim’s PC business operation for about five minutes.

2. Around 01:45 on January 29, 2019, the Defendant insultd the victims by openly speaking as follows: “Around 01:45 on a multiple occasions, the victim F of the Dong Police Station E zone affiliated with the Ansan Police Station E zone, and the victim G, the PC employee, C, and one customer on his name, who is an employee of the PC bank, and one customer on his name and in the name of the PC.”

3. 공무집행방해 피고인은 위 제2항 기재 일시, 장소에서, 현장에 출동한 안동경찰서 E지구대 소속 경위 G가 피고인의 기물 파손 행위를 제지한다는 이유로 화가 나, “씨발놈아, 나라 녹을 받아 처먹는 경찰관 새끼들아, 너들 시내에서 보이면 죽여 버린다, 뭘 쳐다봐, 눈까리 파버린다, 씹새끼들아.”라고 욕설을 하면서 왼손으로 G의 오른쪽 어깨를 밀고, G를 향하여 주먹을 때릴 듯이 휘둘러 경찰관을 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on the suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. C’s statement;

1. Each complaint filed by G and F;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of On-Site photographs);

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts, Article 311 of the Criminal Act, and Article 136 (1) of the Criminal Act concerning the criminal facts;

1. The crimes of insult as prescribed in Articles 40 and 50 of the Criminal Act, which are the ordinary concurrent crimes.