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(영문) 창원지방법원 2016.05.04 2015고단2856
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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. On August 31, 2015, the Defendant interfering with his/her business: (a) at the center of “OOO” in the operation of the Victim G located in the Seongdong-gu F shopping district in Seongbuk-gu, Changwon-si on August 31, 2015; (b) under the influence of alcohol, and (c) without any special reason to other customers.

“Acking the trial cost by sound, and the victim was satisfing the disturbance by preventing the disturbance.

Accordingly, the Defendant interfered with the principal operation of the victim by force.

2. 공무집행 방해 피고인은 2015. 8. 31. 23:00 경 제 1 항 기재와 같은 장소에서, 112 신고를 받고 출동한 창원 중부 경찰서 OO 파출소 소속 경찰 관인 경위 H이 피고인에게 귀가를 권유하자 화가 나, “야 이 개새끼들 아, 우리 아버지가 누 군지 아나, 너 거 씨 발 것 들 목을 확 따 삔다 ”라고 소리치고, 손으로 위 H의 멱살을 잡고 가슴을 밀친 다음 왼팔을 잡아 비틀었다.

As a result, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on handling reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 136 of the Criminal Act, Articles 136 (1) and 314 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment 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. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Act on the Suspension of Execution are as follows: (a) the scope of the final sentence according to the aggravation of punishment (including a person who has been specially mitigated) for the mitigated area of crimes (i.e., interference with the performance of official duties and coercion of duties) (i.e., January to August) [Special mitigated Persons] for the mitigated area of crimes (ii) [the scope of recommended punishment] for the mitigated area of crimes (i.e., January to August) for the mitigated area (including a person who has been specially mitigated), (ii) for the mitigated area of punishment (including a serious effort to recover damage) for multiple crimes: there is no criminal history subject to criminal punishment for one to one year [Pronouncement of sentence].

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