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(영문) 서울북부지방법원 2015.09.08 2015고단2394

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 April 11, 2015, the Defendant: (a) boarded a taxi operated by a taxi engineer C in the street near the Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, Seoul; and (b) brought an dispute over the issue of taxi charge rate C and the taxi charge to the Jungdong-gu, Seoul, Jungdong-gu; and (c) was placed at the E box located in Jung-gu, Seoul.

피고인은 2015. 4. 11. 23:25경 위 파출소에서, 근무 중이던 위 파출소 소속 경장 F으로부터 C에게 택시요금을 지불해달라는 권유를 받게 되자 피고인의 편을 들어주지 않는다는 이유로 F에게 “씨팔 내가 뭘 잘못 했냐, 씹새끼들아”라고 욕설을 하고, 이에 F으로부터 귀가할 것을 요구받았음에도 주먹으로 위 파출소 내 탁자를 내리치고 계속해서 욕설과 폭언을 하면서 F에게 다가가 양손으로 F의 가슴부분을 밀고, 가슴과 머리로 F의 몸과 얼굴을 밀치는 등 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police boxes.

2. On June 9, 2015, at around 23:00, the Defendant obstructed the Defendant’s bar business by force by avoiding disturbance for about 30 minutes to customers who had the table table and tabled at the time due to the payment of the drinking value, and thereby obstructing the Defendant’s bar business by force by avoiding disturbance for about 30 minutes against the victim’s bar business.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the first time against the accused, and the second time protocol of interrogation of the prosecution;

1. Statement of each police statement against F and C;

1. A H statement;

1. Photographs;

1. Application of each Act and subordinate statutes to CCTV video recording CDs in a police box;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The sentencing under Article 62(1) of the Criminal Act is as follows.