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(영문) 창원지방법원 2015.11.05 2015고단2461

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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 August 23, 2015, at the D convenience store operated by the victim C at the window B of Changwon-si, the Defendant presented the transportation card by purchasing the small-scale one disease, and at least 40 minutes of the disturbance, the Defendant, who is an employee, had expressed the transportation card “it is necessary to pay in cash because the transportation card device has broken out.” As such, E, an employee, called “the bit of a bitch, a bitch, a bitch of a bitch, a bitch of a bitch of a bitch,” and e, e.g., “E., a bitch of a bitch of a bitch,” and e.g., a tobacco board was set up in hand, and the entrance was set up twice.

Accordingly, the defendant interfered with the victim's convenience store business by force.

2. 공무집행방해, 공용물건손상 피고인은 2015. 8. 24. 00:15경 제1항 기재 편의점에서, 112신고를 받고 출동한 창원서부경찰서 F파출소 소속 순경 G이 피고인을 제지하면서 그곳 밖 노상으로 피고인을 데리고 나와 신분증 제시를 요구하자, G에게 “다 죽여 버린다, 경찰관이면 다냐, 너희들이 나에게 해 준 것이 뭐가 있냐"라고 소리치면서 양손으로 G의 몸통을 밀친 후 팔을 잡아당기고, 손으로 G의 목을 잡아 조르고, 그 과정에서 바닥에 떨어진 경찰조회기 PDA프린터기를 발로 걷어찼다.

As a result, the Defendant assaulted police officers to interfere with legitimate performance of duties by police officers in relation to prevention, suppression and investigation of crimes, and damaged the PEAF equipment used by police stations, public offices, to cover approximately KRW 25,300.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Photographs;

1. Application of Acts and subordinate statutes to repair statements;

1. Article 136 (1) of the Criminal Act applicable to the crime, Article 141 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

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 reason for sentencing under Article 62(1) of the Criminal Act is the suspended sentence.