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(영문) 광주지방법원 해남지원 2015.07.02 2015고단142
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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 22:40 on April 10, 2015, the Defendant obstructed the operation of the victim’s main shop by force, without any justifiable reason, by drinking alcohol at the “E” main points operated by Jindo-gun C victim D, Jindo-gun, and by neglecting his/her request for returning home from the victim and failing to return home for about 40 minutes from around 23:19 on the same day, the Defendant interfered with the operation of the victim’s main shop by force.

2. On April 10, 2015, the Defendant was arrested by the police officer F as a flagrant offender of obstruction of performance of official duties from the police station on April 23:15, 2015, and the Defendant was arrested by the police officer F as a flagrant offender of obstruction of official duties and returned home from the police officer F, who is a police officer belonging to the Jindo Police Station, who was called out after receiving a report, to leave home with the obstruction of official duties from the police officer F, the face of the police officer would be divided into face, and repeated interference with main duties, and the Defendant was arrested by the police officer F as a flagrant offender of obstruction of official duties from the police officer F and was transferred to the Jindo Police Station G

피고인은 계속하여 다음 날인 같은 달 11. 00:57경까지 약 1시간 30분 동안 파출소 상황근무를 하던 경찰관 F에게 이빨을 갈면서 “너 죽여불어, 씨발 놈아 깜방에 못 넣으면 죽여 분다, 이 씨발 놈 내가 가만히 안 둬, 내가 너 죽여 블거여”라고 반복하여 말하고, 파출소 안에 있던 경찰관 회의용 의자를 발로 걷어찼다.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers regarding the prevention, suppression, and investigation of crimes, the management of a suspect who was taken in custody, the service of police boxes, etc.

Defendant

In addition, the defendant asserts that the words made by the police officer F does not constitute intimidation in relation to the obstruction of performance of official duties because it is merely an emotional bath.

However, it is sufficient to evaluate the content of the judgment as a threat of harm and injury, and the defendant assaults F with police officers.

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