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(영문) 창원지방법원 2014.10.28 2014고단1929
공무집행방해등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. 업무방해 피고인은 2014. 6. 26. 23:20경 김해시 C에 있는 피해자 D이 운영하는 ‘E 노래방’에서 술에 취해 고함을 지르는 것을 피해자가 제지하자 피해자에게 “야이 씹할년아, 오늘 죽고 싶나”라고 욕설을 하면서 들고 있던 가방으로 때리려는 시늉을 하고, 이에 피해자가 경찰에 신고하겠다고 하자 그곳 테이블에 앉아 피해자에게 술을 달라고 고함을 치면서 소란을 피워 그곳에 있던 손님 10여명으로 하여금 나가게 하는 등 위력으로 피해자의 노래방 영업업무를 방해하였다.

2. When four police officers, such as G, etc. belonging to the F District of the Kimhae Police Station, who was dispatched to the scene after receiving a report at the same time and place as the above 1.1, the Defendant committed assault, such as assaulting at twice the face of G in drinking, thereby obstructing the police officers from performing their legitimate duties concerning handling the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and G

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

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

3. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

4. The reason for sentencing of Article 62-2(1) of the Social Service Order Criminal Act [Scope of Recommendation] The basic area of the obstruction of performance of official duties (6-1-4 months) (the decision of sentence] / The crime of this case was committed by the defendant, who had been punished as the crime of obstruction of official duties, who received a report in relation to the defendant's crime of obstruction of official duties and received a desire to do so to the police officer called out, and committed violence. The crime was poor in quality of the crime, establishing a state's legal order and making a light of public authority.

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