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(영문) 창원지방법원 진주지원 2015.09.09 2015고단641

공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 12, 2015, the Defendant interfered with business: (a) the victim D in Jinju-si, expressed that “the victim D does not return money remaining after paying the drinking value prior to being drunk in the E car page,” which was operated by the victim D, “the victim’s main business”, “the victim’s 30 minutes, including the victim’s face, spawn, 500,000 won, and the day from the day within which he will serve in this nete, shall not be funeral.” The Defendant interfered with the victim’s main business by force, which prevents the victim from entering the said main store by avoiding the disturbance of 30 minutes, such as spawning the beer’s face, and spawning the alcohol and alcohol on the customer’s face, and spawning the alcohol and alcohol on the bottom.

2. The obstruction of performance of official duties and the Defendant committed assault, at the time and place indicated in the preceding paragraph, by stating that “Isia, Ninsia, Linsia, Linsia, Linsia, Linsia, Linsia, Linsia, Linsia, Linsia, Linsia, Linsia, Linsia, Linsia, Linsia, etc., on several occasions, on the left side of G by drinking.”

As a result, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of order and crime control, and at the same time, the victim G(53 years of age) needs to be treated for about one week.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Commissioning for appraisal (No. 102);

1. Application of each statute on photographs;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts, Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of serious injury);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act have the record of being punished several times for the same kind of crime, and the punishment for the sentence has been imposed four times.