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(영문) 창원지방법원 마산지원 2018.12.18 2018고단992

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Criminal facts

1. On May 19, 2018, at around 01:30, the Defendant obstructed the victim’s main operation of the victim’s main office by force for about 20 minutes, where the victim’s “D” operated by the victim C (n, 62 years of age) in Changwon-si B (hereinafter “D”), which did not calculate the drinking value due to an excess of the credit card, and thus requested credit card payment to the victim but refused to request the payment of credit to the victim. As such, the Defendant was able to take a heavy bath and write down the credit card at that place, and was able to bring about a disturbance, such as an incidental to the daily e, and interfered with the victim’s main operation of the victim’s main office.

2. The Defendant interfered with the performance of official duties, as set forth in paragraph 1, was traveling to a F box located at H of Musan-si, Changwon-si, Changwon-si, 02:05 on the same day, in order to resolve the problem of alcohol value along with G details belonging to the F box of Musan-si, the police box of Musan-si, which was called out after receiving a report of the above C C 112, while avoiding a disturbance

Defendant 1: (a) was asked of the circumstances leading up to failure to pay the alcohol value and his personal information from G during the instant police box with G during the conversation; (b) she seeed that “I am see. I am h. h. h. h. h. h. h. h. h. h. h.)”; (c) she dumped the table on the front of G which she sits into two hands; and (d) she dumpeded down the left side of G, and then the said table hump h. h.

As a result, the defendant assaulted police officers and interfered with their legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the obstruction of business, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (an aggravated punishment for concurrent crimes against a person who has committed a crime with heavier duties);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. The case shall be governed by Acts;