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(영문) 광주지방법원 목포지원 2015.05.22 2015고단327
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 01:10 on February 28, 2015, the Defendant obstructed the victim’s convenience store sales business by force by putting the victim C (24 years of age) entering the said convenience store, where the victim C (24 years of age) is an employee, after receiving 112 report that he/she spits spits down, spits down and panty panty on the floor, and continuously interfered with the Defendant’s business, and preventing the police officers dispatched to the site from entering the said convenience store from entering, thereby obstructing the victim’s convenience store sales business by force.

2. 공무집행방해 피고인은 2015. 2. 28. 01:35경 위와 같은 장소에서, 피고인이 업무방해를 하고 있다는 112신고를 받고 출동한 영암경찰서 E지구대 소속 경장 F이 피고인을 편의점 밖으로 내보내려고 하자, 갑자기 위 F에게 ‘너 엽총 사건 알지, 지금 출고 되면 너 쏴 죽이려고 한다, 너 이 새끼 죽여 버려‘라고 협박하고, 오른손으로 위 F의 성기를 1회 꽉 잡아당기는 등 폭행을 가하였다.

On the same day, the Defendant continued to be arrested as a flagrant offender due to the above act, and was transferred to the Yongam Police Station E district located in Yongam-gun G, Youngnam on the same day, and the Defendant committed assault, such as asking the Defendant personal information, and walkinging the clothes of the above H on one occasion on the left side, while taking a bath to the above H for an investigation by the police officer H in the circumstances belonging to the above earth zone.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. Application of C’s written laws and regulations

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows.

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