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(영문) 수원지방법원 안산지원 2015.05.27 2015고단982

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. 업무방해 피고인은 2015. 3. 28. 21:40경 안산시 상록구 C에 있는 피해자 D가 운영하는 ‘E’ 호프집 안에서, 담배를 피우려고 하다가 피해자로부터 제지를 당하자, 피해자에게 “이 씨발년아, 니가 뭔데 손님에게 그런 식으로 하냐!”고 욕설을 하면서 탁자 위에 올려 있는 맥주잔을 집어 던지려는 시늉을 하는 등 약 30분간 난동을 부렸다.

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

2. At around 22:10 on March 28, 2015, the Defendant: (a) expressed the desire of the victims, “E,” such as “A” located in Ansan-si, Ansan-si, Ansan-si; (b) the victim G, a guard belonging to the F District of the Ansan-gu Police Station F District, who was dispatched to the site after having received a report that the Defendant was fluorcing the Dong; and (c) the victim H, who was a policeman belonging to the same district group, was asked about the circumstances of the case; and (d) the victims of the foregoing D, who heard the case, “I am fluorh, fluorh, fluorh, and so on.”

Accordingly, the defendant insultd the victims openly.

3. On March 28, 2015, the Defendant engaged in obstruction of performance of official duties: (a) committed assault, such as a flag, “E” located in Ansan-si, Ansan-si, Ansan-si; (b) while taking a bath as above, G, the background leading up to the F District of the Ansan-gu Police Station F District of the Ansan-gu, Ansan-si; and (c) Habbbbbbbing the instant G’s blaps with his hand; and (d) committed assault by the Defendant, such as a flag of the flabing of the flab.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D, G and H

1. Relevant Article 136(1) of the Criminal Act for the crime concerned, Article 314(1) of the Criminal Act, and Article 311 of the Criminal Act for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.