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(영문) 광주지방법원 순천지원 2013.11.29 2013고단2000
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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 October 9, 2013, from around 20:20 to 20:25 of the same day, the Defendant interfered with the business of the victim’s general restaurant business by force, through the influence of force, the victim’s general restaurant business by following the following: (a) the Defendant, while drinking alcohol in a datin in a drinking-water zone C operated by the victim B (30 years of age) by drinking alcohol; (b) “Is, Chewing, Is, she will do so?” while drinking alcohol in a drinking-water zone; and (c) throwing the beer’s disease on the floor, having the beer who was on the table, laid the beer’s disease on the floor, throw the two customers on the table; and (d) preventing them from entering.

2. On October 9, 2013, the Defendant: (a) was arrested of a flagrant offender in the front seat of the patrol vehicle by F, who was called up after receiving a report on October 20:40, and was born to the front seat of the patrol vehicle; and (b) took the desire to “I am dead unless I am saw, ice, I am saw, and I am am am saw, I am am saw, if I am am saw, I am am saw, and I am am am saw.”

계속하여 피고인은 같은 날 21:20경 여수경찰서 E지구대에서 “이 씹할 놈들아, 나가 내일부터 경찰들을 얼마나 괴롭히는지 두고 봐라, 나를 잘못 건들었어. 씹할 새끼들아.”라고 욕설을 하고 사무실 바닥에 가래침을 뱉으며 소변을 보게 수갑을 풀어 달라고 요구하였고, 위 지구대 소속 경사 G가 수갑을 풀어주기 위해 다가가자 발로 G의 다리 부위를 2회 걷어찼다.

Accordingly, the defendant assaulted F and G and interfered with legitimate execution of duties concerning criminal investigations, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to F, G, and H

1. Relevant provisions of the Criminal Act, 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 and Article 38(1) of the Criminal Act are applicable;

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