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(영문) 수원지방법원 2013.09.12 2013고합500

특수공무집행방해치상등

Text

A defendant shall be punished by imprisonment for not less than one year and six 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. At around 19:00 on July 13, 2013, the Defendant obstructed the victim’s restaurant business by force by carrying out a meal within the “F” restaurant located in Suwon-si, Suwon-si, and without any reason, carrying the city expenses, such as leading the victim G, who is the principal restaurant, to the back water part of the victim G, which is the above restaurant, and the victim resisted the victim, taking the victim’s bath at a large interest and raising the interest, thereby obstructing the victim’s restaurant business by force.

2. The Defendant destroyed and damaged property by gathering the eggs from the market price, which is the victim’s owned by the victim who was installed adjacent to the above restaurant entrance, at the time and place specified in paragraph 1, and by gathering the chairs from the charcoal that is used for cooking food, and destroying them.

3. The Defendant, at the time and place specified in paragraph 1, abused the victim by drinking the face and neck of the above H two times as the victim H(the age of 46), who was the customer of the said restaurant.

4. 특수공무집행방해치상 피고인은 제1항 기재 일시ㆍ장소에서 112신고를 받고 현장에 출동한 수원중부경찰서 I지구대 소속 순경인 피해자 J(33세)이 현장상황을 파악하기 위해서 피고인에게 ‘무슨 일입니까’라고 물어보자 아무런 대답 없이 주먹으로 피해자의 얼굴을 2회 때리고 위험한 물건인 철제의자(길이 1m 20cm, 무게 15kg)를 들어 피해자를 향해 던지고 발로 피해자의 허벅지 부분을 1회 걷어찼다.

As a result, the defendant carried dangerous articles and interfered with the legitimate execution of duties concerning public peace and maintenance of order of the victim, and thereby, the victim suffered injury such as chinum, tension, etc. which requires treatment for about 21 days.

5. On July 13, 2013, the Defendant was arrested as a flagrant offender of obstruction of performance of official duties and the Defendant’s bodily injury and was arrested on July 13, 2013, and 112 patrol vehicles.