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(영문) 창원지방법원 통영지원 2017.09.27 2017고단934
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On December 30, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for interference with the performance of official duties in the Gwangju District Court Branch on April 6, 2015, and completed the execution of the sentence in the Gwangju District Court.

[Criminal facts]

1. 업무 방해 피고인은 2017. 7. 4 00:20 경 통영시 C에 있는 피해자 D이 운영하는 E 주점에서 술을 마시던 중 술값이 많이 나왔다는 이유로 피해자에게 ‘ 씨 발, 니 미 좃 이네, 어이 사장 이리 와 보이 소, 어떻게 술값이 이리 되냐,

씨 발 좃이 네’ 등의 욕설을 하며 그곳에 있던 술병을 손으로 집어 피해자와 불상의 손님을 향해 집어 던지는 등 행패를 부렸다.

Accordingly, the Defendant interfered with the victim's main business by force.

2. On July 4, 2017, the Defendant: (a) around 01:00, the Defendant: (b) reported on July 4, 2017, 112, and asked the Defendant and asked the Defendant for the circumstances of the instant case; (c) on the part of the Defendant, the Defendant: (a) sent to the Tong-gu Police Station Police Officer F, who was called upon upon having received a report; and (d) sent the said F one-time drinking to the said F.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D or F;

1. 112 Reporting case handling table;

1. Each internal investigation report (report on the situation of dispatch to the scene, photographs of the scene of damage), investigation report (person G telephone conversations);

1. Previous conviction: Application of a reply to inquiry, such as criminal history, results of search by prisoners, report on investigation (the latest previous and confirmation of the suspect) by Acts and subordinate statutes;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of applicable sentences under law: Imprisonment with labor from one month to one.

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