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(영문) 광주지방법원 2014.10.23 2014고단2645
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for three months.

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

Reasons

Punishment of the crime

1. 업무방해 피고인은 2014. 4. 28. 07:30경 광주 광산구 C에 있는 피해자 D 운영의 E 동물병원으로 찾아가 전날 치료받았던 피고인의 강아지가 죽었다는 이유로 피해자에게 ‘씹할 새끼야, 우리 아기는 멀쩡한데 네가 주사를 놓아서 죽인 것이 아니냐, 가만히 놔두지 않겠다’고 소리지르며 그곳에 설치된 개울타리를 발로 차고 의자를 넘어뜨리며 손바닥으로 피해자의 가슴을 1회 밀치는 등 그때부터 같은 날 09:20경까지 약 2시간 가량 소란을 피워 위력으로 수의사인 피해자의 정당한 동물치료 업무를 방해하였다.

2. Around 08:50 on April 28, 2014, the Defendant insultd the victim G, a police officer belonging to the F District of the Gwangju Mine Police Station, who was dispatched after receiving a report from the said veterinary hospital, for the purpose of openly insulting the victim G by citing the horses that “if there is any damage to the hospital’s business, it would interfere with the hospital’s business,” such as the head D of the veterinary hospital, and the operator of its neighboring business places, etc., who heard the horses, the Defendant told the said victim G to the extent that the said victim G was “I Chewing Chewing, here, she would have received the money.”

3. The Defendant continued to interfere with the performance of official duties as seen above 2. The Defendant 2., who dumped, dumped with the bomb of the police officer G, pushed his chest over 2-3 times, dump his chest, and obstructed the police officer’s legitimate performance of duties in relation to the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D and G;

1. Application of each of the visual Acts and subordinate statutes to field photographs;

1. Relevant Article 136(1) of the Criminal Act, the choice of punishment for the crime, Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, 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. It is so ordered as per Disposition under Article 62(1) of the Criminal Act;

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