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(영문) 부산지방법원 2015.11.26 2015고단6682

공무집행방해등

Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 16, 2015, at around 21:30 on September 21, 2015, Defendants, who interfered with their duties, dumpeded the disturbance, such as drinking, drinking, and humpinging each other at the E main point operated by the victim D, and taking the bath to each other, such as, “the victim and the surrounding customers,” and dumping the fume into the main floor.

As a result, the Defendants conspired to interfere with the victim's bar business by force.

2. 공무집행방해 피고인들은 2015. 9. 16. 21:45경 위와 같은 장소에서 위 주점 업주인 D의 신고를 받고 현장에 출동한 부산사상경찰서 F지구대 소속 경장 G에게 피고인 A가 "이 짭새 새끼야, 너거는 뭐 하러 왔노“라고 욕설을 하며 양손으로 위 G 몸을 밀치고, 옆에 있던 피고인 B은 위 G 멱살을 잡고 흔들고, 피고인은 A는 이를 제지하던 부산사상경찰서 F지구대 소속의 경위 H의 가슴과 몸을 양손으로 밀치는 등 폭행하였다.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the prevention of the above G and the above H crime.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to D, G, I, J, and H;

1. Application of Acts and subordinate statutes to each investigation report (No. 11 and 12)

1. Articles 136 (1), 314 (1), and 30 of the Criminal Act applicable to the facts constituting an offense;

1. Formal concurrence, Articles 40 and 50 of the Criminal Act, the choice of punishment, and the choice of imprisonment;

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

1. Crimes 1 (Interference with Business) for the reason of sentencing under Article 62(1) of the Criminal Act (amended by Presidential Decree No. 1) for the suspension of execution (amended by Presidential Decree No. 1) for the reason of sentencing under Article 62(1) of the Criminal Act (amended by Presidential Decree No. 1) (amended by Presidential Decree No. 1 (Interference with Business) for obstruction of Execution (amended by Presidential Decree No. 1) for the basic area (amended by Presidential Decree No. 1) for obstruction of performance of official duties (amended by Presidential Decree No. 20009