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(영문) 창원지방법원 2014.05.30 2014고단648

업무방해등

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 February 20, 2014, from around 05:00 to 05:20 of the same day, the Defendant obstructed the general restaurant business of the victim of the instant restaurant by the victim D in Kim Sea from around 05:00 to around 05:20 of the same day, the Defendant, while under the influence of alcohol, expressed the desire to other customers, such as F, etc. in his own side, and took a cell phone, collected the mobile phone, collected the boom, cryp, etc., and interfered with the general restaurant business of the victim by force.

2. 공무집행방해 피고인은 위 1항 기재 일시, 장소에서 그 기재와 같이 소란을 부리다 신고를 받고 출동한 G지구대 소속 경찰관인 경사 H으로부터 제지를 받자, 경사 H에게 “야, 이 씨발 새끼야, 내가 피해자인데 나보고 가라 하노. 저 새끼들이 잘못했다. 너거가 경찰이가, 내가 누군지 모르제. 좆같은 새끼야, 호로 잡놈의 새끼야, 니 목 잘라삔다”는 등 욕설을 하며 경사 H의 멱살을 잡아 밀치는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to H, I, and F;

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 ( normal consideration, such as the absence of criminal records in addition to the punishment of a fine for a violation of the Road Traffic Act, and the agreement with the victims);

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