beta
(영문) 부산지방법원 2015.02.05 2014고단9884

공무집행방해

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 02:50 on November 21, 2014, the Defendant: (a) stated that, “E” in front of the main point of “E” located in the Busan Shodong-gu, when drinking alcohol at the above main point, he was at the time of the foregoing main point’s business owner’s friendship; and (b) that, in order to arrest the Defendant as a flagrant offender, the head G belonging to the F District of the Busan F District of the Busan Man Police Station, called “the head of the F District-gu, Busan, which was called as “the head of the tax base, the fake, the fake, the head of the Gu, and the head of the Si/Gun/Gu, in turn, tried to kill the Defendant as a flagrant offender;

Accordingly, the defendant interfered with the legitimate execution of duties concerning the investigation of the above G G crimes.

2. Defendant B, at the above date and at the above place, tried to arrest a flagrant offender committing the crime of committing the crime of committing the crime of committing the crime of committing the crime of committing the crime of committing the crime of committing the crime of committing the crime of committing the crime of committing the crime of committing the crime of committing the crime of committing the crime of committing the crime of committing

Accordingly, the defendant interfered with the legitimate execution of duties concerning the investigation of the above G G crimes.

Summary of Evidence

1. Defendants’ legal statement

1. Application of each police protocol to G and H

1. Relevant provisions concerning criminal facts and the Defendants’ choice of punishment: Article 136 (1) of the Criminal Act

1. Defendants subject to suspended execution: Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, the same kind of power, and the agreement with G);