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(영문) 수원지방법원 안산지원 2015.12.16 2015고단2505

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

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 21, 2015, the Defendant interfered with business: (a) hearing the victim’s horses that he could not sell drinking on the grounds of lack of identification card at the E convenience store operated by the victim D located in Ansan-si members C and the victim D located in the first floor of Ansan-si; and (b) taking the victim’s horses in a tobacco display room; (c) threateninging the victim of carbon beverages as they throw away from the floor; and (d) making it difficult for customers within the convenience store to have avoided any disturbance, such as raising time fees, without good cause.

Accordingly, the defendant interfered with the convenience store business of the victim for about 20 minutes by force.

2. On August 22, 2015, around 19:05, the Defendant: (a) opened the door No. 201 of the H building 201 used as the “H building” model house and office managed by the victim G located in Ansan-si, Seoul-si; and (b) intruded the building No. 201, which is a building managed by another person.

3. On August 23, 2015, the Defendant: (a) removed and destroyed the entire area, etc. installed at the interior of the “K,” which was operated by the Victim J located in Ansan-si, Ansan-si, the Defendant removed and damaged the property by hand without any justifiable reason.

Accordingly, the defendant damaged the victim's property equivalent to 100,000 won in the market and damaged its utility.

4. 특수공무집행방해 피고인은 2015. 8. 23. 19:30경 안산시 단원구 L 소재 ‘M식당’ 앞길에서 흉기인 위 ‘K주점’ 인근에서 주은 망치(총길이 40cm)를 들고 별건의 112신고 사건을 처리하고 있던 안산단원경찰서 N파출소 소속 순경 O에게 다가가 아무런 이유도 없이 “나는 경찰관이 존나게 싫다. 씨발. 눈깔을 찔러버리겠다. 경찰관 다 죽여버리겠다. 씨발 짭새들아.”라고 욕설을 하면서 손에 든 망치를 O에게 휘둘렀다.

Since then, P in order to arrest the defendant, the foregoing PO and patrolmen took the flag and portable inquiry equipment, which are equipment in the O's shoulder and shot, on their hand, and the above PO.