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(영문) 창원지방법원 거창지원 2015.12.16 2015고단250

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. On August 31, 2015, around 19:23, the Defendant, who interfered with business, entered the “Dart” of the victim C’s operation located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, with alcohol, and then called the instant World Cup at the Maart display stand.

If you were to fall away from the floor, it was demanded to start up the floor and to demand the victim to compensate for the value.

The Defendant: (a) expressed the victim’s aforementioned demand that the victim ought to read, “I must do so; she shall not be calculated; she shall she see who she can flick; she shall do so; she shall do so); (b) she flicked the victim’s flick; (c) she flicked the victim’s flick E employee, who her horsed the Defendant, with her hand; and (d) prevented the victim from entering the place to enter the place, such as her blick, etc., by force, 10 minutes of the victim’s marina business.

2. 공무집행방해 피고인은 2015. 8. 31. 19:35경 제1항의 D마트 앞 도로에서 신고를 받고 출동한 거창경찰서 G파출소 소속 경찰관 경위 H, 순경 I으로부터 이름 등 인적사항에 대한 질문을 받자, 위 H에게 “씹할놈아. 내가 무슨 잘못을 했나. 숨 좀 쉬자. 씹할새끼야. 내가 전과 8범이다. 네 아버지뻘이다. 개새끼야."라고 욕설하면서 발로 경찰관 H의 정강이 부분과 허벅지부위를 3회 때려 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written statement prepared in I and H;

1. Photographs of the victims;

1. Investigation report (to attach photographs of CCTV video recording materials);

1. Application of the Acts and subordinate statutes to a copy of the G District Work Site;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

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