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(영문) 창원지방법원 2017.02.02 2016고단3965
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Intimidation;

A. On August 24, 2016, the Defendant stated that, around 23:00 on August 24, 2016, the victim C (36 taxes) who driven a vehicle in his/her surrounding area while under the influence of alcohol would be tea, “Chewing years, Nara, deadly discarded,” without any special reason, of the victim C (36 taxes) who driven a vehicle in his/her surrounding area.

Accordingly, the defendant threatened the victim.

B. On August 27, 2016, the Defendant of intimidation, around 23:15, 2016, at the street in front of the E convenience store located in the Gu, Changwon-si, Changwon-si, the Defendant: (a) under the influence of alcohol; (b) threatened the victim F (16) who is an employee of the said convenience store, with drinking; and (c) threatened the victim F (16) who is an employee of the said convenience store, with the said victim’s drinking, the Defendant stated, “I Y, Ch Ha Ha, Ha Ha Ha Ha Ha Ha Ha, but only I fri, Ma Ma Ma Ma, Ma

Accordingly, the defendant threatened the victim.

2. The Defendant interfered with the performance of official duties, at the time, place, and the order of 112 reporting related to intimidation, was dispatched to the site, and the Defendant attempted to verify the Defendant’s personal information, etc., the police officer G, who belongs to the police box of the Jindo-gu Police Station, and the police officer, to verify the Defendant’s personal information. The above police officer “I am, I am, I am to the house, I am to the house, and I am to the front, and I am to the Ha am from the Jin Sea floor.” In his hand, I am to the police officer once.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each police statement made to F, H, and C;

1. A written statement of I and J;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 283 (1) of the Criminal Act (the point of intimidation) and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) concerning 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. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the defendant's person or convenience store without any justifiable reason.

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