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(영문) 창원지방법원 밀양지원 2014.10.16 2014고단199
공무집행방해등
Text

A defendant shall be punished by imprisonment for 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. On February 17, 2014, the Defendant: (a) at the point of convenience C located in the Mandong-gun, Sinnam-gun, who was under the influence of alcohol, attempted to withdraw cash at the cash payment period; (b) but did not withdraw cash; (c) the Defendant’s failure to start up the cash payment period; and (d) the Defendant’s failure to do so should not be the subject of “Inish, Inish, Chish, Chish, and card to D who is an employee,” and (d) Chished the Defendant’s failure over 10 minutes.

Accordingly, the defendant interfered with the victim's convenience store business by force.

2. On the above date, at the place of the obstruction of performance of official duties, the Defendant: F of the police box affiliated with the police box of the police station, who was dispatched on the receipt of the report, and F of the police box of the police station, and F of the police box of the said police station, sent the clothes of the slope G to the above police officer, “I am in his hands, I am the clothes retail of the slope G while I am in his hands, and am out of the convenience store, and am out of the convenience store, and am out of the slope G with his hand, and am in 10 minutes.

Accordingly, the defendant interfered with the police officer's legitimate maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, G, and I;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of official duties and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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