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(영문) 창원지방법원 2016.07.20 2016고단503
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. 업무 방해 피고인은 2016. 2. 12. 23:30 경 김해시 B에 있는 피해자 C이 운영하는 D 내에서 식사를 하면서 술을 마시던 중, 다른 테이블에서 식사를 하고 있던 손님에게 식당 내에서 사용하는 가위를 들고 가 “야 이 새끼야, 뭘 쳐다보냐,

followeda Corresponding

D. “The Doctrine Dac, a fine is high,” and the victim expressed a threatening speech to the victim, which prevents the victim from doing so by avoiding the disturbance between about 50 minutes, such as “ch” and not going at the restaurant, thereby obstructing the victim’s restaurant business by force.

2. The Defendant interfered with the performance of official duties by assaulting the police officers, such as the police officer, etc., who was dispatched after receiving the report of 112 on the case referred to in paragraph (1) at the date, time, and place referred to in paragraph (1) at the time, and called, “Isday to calculate food expenses” to the victim, and thereby obstructing the police officer’s legitimate execution of duties concerning the handling of the report of 112 cases, by assaulting the victim, such as “Isday, Isday” on the part of the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the laws and regulations on police statements made to C, G, and F

1. Articles 314(1) and 136(1) of the Criminal Act (the point of interference with the performance of official duties) concerning the facts constituting an offense and the choice of imprisonment, respectively;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence, Article 62(1) of the Act on the Punishment of Offenses 1 (Obstruction of Execution of Official Duties) [Scope of Recommendation], the scope of final sentence due to the aggravation of punishment by multiple offenders (including efforts to recover damage) who have not been punished in the basic area (from June to January 1) (No person in special sentencing) [the scope of recommending punishment]. The scope of final sentence due to the aggravation of punishment by multiple offenders who have not been punished (including special mitigation of punishment).

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