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(영문) 부산지방법원 2016.12.08 2016고단6491

공무집행방해등

Text

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

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. Performance of official duties;

A. On August 22, 2016, the Defendant: (a) received a report of 112 prior to “C” located in Jung-gu, Busan; and (b) was asked by E, a police official affiliated with the Busan Central Police Station Dental Police Station D (hereinafter “C”); (c) took flaps of the police officer’s flaps; (d) took flaps and other parts of the police officer’s flaps; and (e) flaps of the police officer, who was dispatched to the said place upon receiving a request for assistance, took a desire to arrest a flagrant offender from F, who was a police official affiliated with the same police officer in charge of the said police officer’s flaps, and flaps of the said police officer one time at drinking; (c) flabbbbbbbbbbbbbbbbbbs; (d) flaps of the right flaps; and (e) obstructed the police officer’s performance of duties against the above police officer’s crimes

B. At around 22:30 on the same day, the Defendant: (a) saw the police officer who investigated the instant case at the Busan Jung-gu Busan Jung-gu Police Station D police box, which was located in Busan Jung-gu, to “Iskn't get a police officer or the death of a police officer,” etc.; (b) was removed from H, who is a police officer belonging to the above police box, and was subject to restraint on the left side at one time; and (c) obstructed the police officer’s performance of his duties

2. The defendant who damages goods for public use;

1. In the course of arresting a flagrant offender at the time and place of paragraph (a) and taking the patrol vehicle into the patrol vehicle, the said patrol vehicle was damaged by impairing the utility of the said patrol vehicle in a way that its repair cost would be equivalent to 39,850 won, by putting the patrol vehicle on the right side of the patrol vehicle twice, by refusing to take the passengers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and H;

1. A written estimate;

1. Application of Acts and subordinate statutes, such as crime scene photographs, damage part photographs, etc.;

1. Relevant Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 141(1) of the Criminal Act; the choice of imprisonment with prison labor;

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

1. Suspension of execution;