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(영문) 대구지방법원 영덕지원 2019.05.29 2019고단16
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. 업무방해 피고인은 2019. 2. 3. 06:13경부터 같은 날 07:00경까지 경북 영덕군 B에 있는 피해자 C가 운영하는 ‘D편의점’에서, 술에 취하여 아무런 이유 없이 위 편의점 손님들에게 “새끼야, 맞아야 한다.”, “빡빡이 죽여버린다.”라고 큰 소리로 말하는 등 소란을 피워 손님들이 위 편의점 밖으로 나가게 하였다.

Accordingly, the Defendant interfered with the convenience store business of the victim by force.

2. On February 3, 2019, at around 07:05, the Defendant: (a) was informed of the place indicated in paragraph (1); and (b) was informed of the police box belonging to the Yeongdeungpo-gu Police Station Escoping Police Station, dispatched after receiving a report of the disturbance, and took the bath to the effect that “the Defendant is not required, .................. the police officer wres wres wres wres wres wres wres wres wres wres wres wres wres wres wres wres wres

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

3. When the Defendant was arrested as a flagrant offender due to the act, such as the time and place described in paragraph 2, at the time and place, as indicated in paragraph 2, by the Inspector F, the Defendant broken down the direction of the HJ Hadle-Wur Patrol who was parked in the place of resistance.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about G, F, I, and C;

1. Each internal investigation report and each investigation report;

1. Written estimate and receipt for the maintenance of the motor vehicle checkup;

1. Application of the Acts and subordinate statutes to each photograph and CCTV image data;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts, Article 136 (1) of the Criminal Act, and Article 141 (1) of the Criminal Act concerning the criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of each sentence of imprisonment;

1. Aggravation for concurrent crimes;

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