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(영문) 창원지방법원 2014.11.12 2014고단1604
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On April 2, 2014, at around 12:45, the Defendant: (a) was under the influence of alcohol, and the Defendant: (b) was able to have the victim D, who was under the influence of alcohol, frighted in the room 2 enobs of the victim D, who was under the influence of alcohol; (c) got off the room; and (d) let the playing customers frightly and prevented the general customers from entering the room.

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

2. On May 15, 2014, the Defendant, at around 23:45, went back to the G police box located in the Chang Sea-gu, Changwon-si, along with F, a taxi engineer at around 23:45, and the said F would not bring the criminal case against him/her.

However, in the front of the police box, she took a bath on the way before the police box, and obstructed the legitimate performance of official duties for the police box situation where she takes two times the chests of the victim H, she called “the scamb. that she had been engaged in the sports course,” and she took two times the chests of the victim H, thereby interfering with the legitimate performance of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

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

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;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (The extent of violence against police officers is insignificant and considering the fact that the victims have agreed to do so);

1. Social service order under Article 62-2 of the Criminal Act;

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