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(영문) 창원지방법원 마산지원 2017.08.22 2017고단703
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 18, 2017, the Defendant interfered with his/her duties: Dalcare operated by the victim C of the second floor of the building C in Changwon-si, Changwon-si, Changwon-si on June 18, 2017; the Defendant demanded the calculation of the drinking value from his/her employee.

“Around 35 minutes of the disturbance, the beer’s disease was laid on the floor, broken down the beer’s disease on the floor, blicking for customers, lying the disturbance on the floor, and obstructed the victim’s main business by force by avoiding disturbance on the floor.

2. On June 18, 2017, the Defendant who interfered with the performance of official duties was asked questions from F of a police officer belonging to the E District Police Station E District of Mapo-gu, Busan, who was dispatched after receiving a report from 112 on June 23:2, 2017, to “Irre?”

I amba Ba.

n At present, I would like to look at the police officer, and I would like to see. I would like to see, I would like to see the above police officer's title in his left hand. When I would like to see, I would like to see.

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. Each police statement made with respect to C, G, and F;

1. The application of Acts and subordinate statutes to photographs of damage, investigative reports (Attachment of motion pictures, etc. that obstruct the performance of official duties), and photographs attached thereto;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions under Article 62-2 of the Social Service Order Criminal Act, including Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as the same as the order.

D. Unfavorable circumstances: The crime of this case interferes with the main business, and assaults the police officer dispatched upon receiving a report, and the nature of the crime is bad.

There is a record of punishment for the same crime of violence.

e.beliable;

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