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(영문) 수원지방법원 여주지원 2014.07.11 2014고단300

업무방해등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 06:10 on February 20, 2014, the Defendant: (a) took sobrying the sobrying of the C Hot Spring located in Ethacheon-si, 2014, the Defendant: (b) took a sobrying of the said members of the said sobrying and taking sobrying; (c) took a sobrying of the said members of the said members of the said members of the said members of the said members of the said members of the said members of the sexual spring business; and (d) took a large voice of “I, Chewing, Chewing, and in accordance with the same manner, I shall do so; and (d) took a sobrying of the sobrying and 20 minutes of the sobrying, she took up the sobrying D, and prevented them from going to or entering the said members of the said members, thereby hindering the Defendant’s business of making sobrying the said C Hot Spring business.

2. 공무집행방해 피고인은 위 일시, 장소에서, 피고인이 찜질방 영업을 방해하고 있다는 112 신고를 받고 출동한 F지구대 소속 경위 G, 순경 H이 D으로부터 피해 진술을 청취하고 피고인의 소란행위를 제지하려 하자 이에 화가 나, G을 향해 “야 이 병신 새끼야, 경찰 개 좇 같은 새끼들 똑바로 일 안하냐”, “이 씹할 짭새 새끼”라고 큰 소리로 욕설을 하고, 위 G의 얼굴에 1회 침을 뱉은 후, 피고인의 발로 G의 정강이를 3~4회 걷어차는 등 폭행하여 경찰관의 112 신고업무처리 및 치안유지에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of Acts and subordinate statutes to photographs of victims;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant has agreed with the owner of C Hot Spring business and the fact that the defendant has no criminal record of suspended execution or heavier);

1. Social service order under Article 62-2 of the Criminal Act;