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(영문) 창원지방법원 마산지원 2016.07.19 2016고단342

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 1, 2016, at around 3:30, the Defendant was asked to receive KRW 80,00 from D, the police officers, and assistant inspectors belonging to the police station G unit in the Masan-dong Police Station G unit in the Masan-si, Chungcheongnam-si, the Changwon-si, and the E located in the first underground floor, and reported that the Defendant was a disturbance. However, the Defendant was refused to request KRW 80,000 from D.

Accordingly, the above police officers “fatt fatt fat, but fat 80,000 won and fat fat.

그것도 못 받아 주는 것이 경찰이 가 ”라고 큰소리로 말하고, 계속해서 위 H, I이 순찰차량을 타고 출발하려고 하자 순찰차량 뒷문을 열어 순찰차량 출발을 방해하고, 이에 위 I으로부터 귀가를 권유 받자 ”야 이 짜 바리 씹할 놈 아, 내 돈 8만원을 받아 주라 개새끼 “라고 욕설을 하면서 오른발로 위 I의 오른쪽 정강이 부위를 2회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression, investigation, and maintenance of order.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to the witness D or I;

1. Application of each statute on photographs;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Article 62-2 of the Criminal Act of the community service order (the defendant and his defense counsel did not consent to the I's order, and the defendant's act does not constitute assault to interfere with the execution of official duties.

The argument is asserted.

However, in light of the evidence duly adopted and examined by this court, in particular the witness I’s statement, and the photograph taken of the part of the I’s bridge immediately after the instant case, it is reasonable to recognize the fact that the Defendant used the I’s static lecture, and such an act is an assault in relation to the obstruction of the performance of official duties.

The defendant and his defense counsel's argument is without merit)

1. The sentencing criteria shall be set;