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(영문) 창원지방법원 2016.09.28 2016고단2370
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On April 13, 2016, at around 16:40, the Defendant concealed property: (a) around the “C cafeteria” operated by the Defendant in Kimhae-si B; (b) the victim D (52 years old) who was a customer who completed the meals, told the Defendant to raise a complaint about food; (c) the victim and his body were fighting with the victim by making a sudden distribution; (d) the victim was flicked on the victim’s car parked at the victim’s vehicle where the Defendant was parked in, and concealed the vehicle’s key by opening the front door of the said car; and (e) the victim was flicked in one’s own money after taking advantage of the key of the vehicle.

2. Upon the occurrence of the dispute as above at the time and place specified in the preceding paragraph prior to the obstruction of the performance of official duties, the said D’s performance of duties was reported to 112, and Kim Kim this, the circumstances belonging to the District of the Busan Police Station E, and the Defendant who tried to keep the said D while continuing to take a bath at the site.

The Defendant: (a) while taking a bath, she pushed the said F’s chest on 3 to 4 occasions with his hand; (b) 3 to 4 times with his fingers; (c) continuously pushed the said E on the part of his fingers; and (d) received the chest of the said E due to her head, the Defendant, who attempted to arrest the said E as an offender in the act of interfering with the performance of public duties, committed assault, such as cutting the said F’s arms on his hand, cutting the said son’s chest on his hand, and cutting the said son’s chest on his hand.

Accordingly, the defendant interfered with the handling of the 112 reported case by police officers and the legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D, E, and F;

1. Articles 366 and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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. On the grounds for sentencing under Article 62(1) of the Criminal Act, Article 62(1) of the suspended sentence, one of the crimes (Interference with the execution of official duties) is obstructed.

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