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(영문) 창원지방법원 통영지원 2017.04.26 2016고단1950

상해등

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 November 24, 2016, the Defendant interfering with the Defendant’s business shall be a prosecutor of the Prosecutor’s Office who, without any reason, is under the influence of alcohol at the victim C (the 60-year-old-old-old-old-old-old-air-air-air-air-air-air-air-air-air-air-air-air-air-air-air-air-air-air-air-air-air-going--

B. Around 2 hours, it was difficult to avoid disturbance, such as: (a) the instant year; (b) the instant year; and (c) the visit to the room located in the main place; and (d) the customer, who was seated, was able to take a bath at that place.

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

2. 공무집행 방해 및 상해 피고인은 2016. 11. 25. 01:40 경 위 노래 주점 앞 노상에서 “ 술 취한 남자가 주점 안에서 행패를 부린다” 는 112 신고를 받고 현장에 출동한 통영 경찰서 D 지구대 소속 경위 E 및 순경 F으로부터 귀가할 것을 권유 받자 화가 나, “ 씨 발” 이라고 욕설을 하며 자신의 얼굴을 위 F의 얼굴에 들이밀고, 위 E으로부터 이를 제지 당하자 머리로 E의 등 부위와 오른쪽 어깨 부위를 들이받고, 양손으로 E의 멱살을 잡은 후 발로 E의 왼쪽 발목 부위를 걷어찼다.

As a result, the Defendant interfered with the legitimate performance of duties by police officers regarding the 112 reporting processing duties, and at the same time, the Defendant placed the victim E on the bridges following the bridges in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, C, and F;

1. 112 A list of reported cases;

1. A medical certificate;

1. Application of the Acts and subordinate statutes that trace the upper part of the victim E;

1. Article 257 (1) of the Criminal Act (the point of harm), Article 314 (1) of the Criminal Act (the point of interference with business) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order of community service;