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(영문) 창원지방법원 마산지원 2018.09.21 2018고단596
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 02:30 on May 1, 2018, the Defendant: (a) obstructed the Defendant’s operation of the victim’s main points by force for about 30 minutes by avoiding disturbance, such as placing an order for drinking and drinking alcohol at “OO-sing shop” operated by the victim C, a member of Chang-si, a member of Chang-si, who is affiliated with the Defendant.

2. On May 1, 2018, the Defendant interfered with the performance of official duties at the same place as Paragraph (1) at around 03:04 on May 1, 2018, and “the Defendant did not grant a drinking value” was found to have no cell phone in order to pay the drinking value from E during the police box belonging to the Msan-dong Police Station of the Msan-dong Police Station called out after receiving a 112 report and to hear the horses to return home

If a mobile phone is not known to find a mobile phone, it refers to "not to pay the drinking value", and it is continuously recommended to pay the drinking value from the above E, and it is necessary to issue a mobile phone in the case of a police officer who receives national taxes.

It has paid taxes more than scars.

The police officer's remarks that he was not able to find a mobile phone, thereby smugglinged twice the part of the above E on the part of the police officer.

As a result, the defendant assaulted police officers and interfered with their legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to C and E;

1. Relevant Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of imprisonment with prison labor for a crime;

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. As to the grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, considering the fact that the defendant's mistake and reflects the same record, the circumstances of the case, and the circumstances before and after the crime, etc.

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