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(영문) 창원지방법원 거창지원 2014.12.23 2014고단331
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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. 업무방해 피고인은 2014. 9. 29. 14:20경 경남 함양군 B에 있는 피해자 C(37세)이 운영하는 D대리점에서 “전화기를 왜 허락 없이 바꿨나, 씨발 새끼 죽을래”라는 등 욕설을 하며 우산을 들어 피해자를 때리려는 시늉을 하면서 행패를 부려 손님이 놀라서 나가게 하는 등 소란을 피워 위력으로 피해자의 전화판매 업무를 방해하였다.

2. The Defendant was asked to question whether he is the F of the Estation of the Development Police Station Estation, which was dispatched after receiving a report at the time and place under Paragraph (1), and F of the F of the Development Police Station Estation, and F of the Assistant G from a slope G. The Defendant continued to threaten the F of the F of the Republic of Korea, “I will see, see, e.g., why he is, why he is, why he is, why he is, why he is, why he is, why he is, why he is, why he is, why he is,” and the police officers continued to be at the place of business to be at the place of business, and “I will see, e.g., that both teams have come to be at the place of business, and I will see, e.g., that I will go against the faces G’s face three to four times, and that I will continue to threaten the F of the Republic of Korea on his left hand.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of criminal reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the F and G respective Acts and subordinate statutes;

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of each sentence of imprisonment with prison labor ( Taking into account the fact that the criminal liability is serious as a crime representing the public power);

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

1. The suspended execution is an agreement with the victim of interference with business under Article 62(1) of the Criminal Act, and assault against police officers.

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