beta
(영문) 전주지방법원 군산지원 2014.11.28 2014고단964

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around March 21, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective assault with a deadly weapon, etc.) and the Punishment of Violences, etc. Act (a collective assault with a deadly weapon, etc.) committed assault and intimidation against the victim, such as assaulting and threatening the victim F (age 31) by citing a portable gas siren, which is a dangerous object in the process of mixed drinking, at the Ecafeteria of D’s operation in Gunsan-si, Sinsan-si, and threatening the victim’s F (age 31). The victim’s knife and knife the victim’s head, and knife the victim’s knife that he reported 112, and 33.5 m in the knife’s length, which is a deadly weapon in the kitchen.”

Accordingly, the Defendant, carrying dangerous objects, and assaulted and threatened the victim.

2. The Defendant interfered with business by force, such as by avoiding the disturbance between about 30 minutes, such as Paragraph 1, at the time, at the same place as that of Paragraph 1, and by allowing customers to out of the restaurant, thereby interfering with the work of operating the cafeteria of the victim D.

3. Special obstruction of performance of official duties: (a) the Defendant threatened the Defendant, at the same time and place as Paragraph (1) of this Article; and (b) the Defendant interfered with legitimate performance of official duties concerning the handling of a police officer’s 112 report, on the following grounds: (c) there was a defect that the slopeH affiliated with the 112 notification box of the Gunsan Police Station, would throw away the knife to the Defendant; and (d) the knife, as stipulated in Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution against F, H and D;

1. Statement of the police officer to I;

1. Written Statement;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2(1)1 of the same Act, Article 283(1) of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 314 of the Criminal Act.