beta
(영문) 부산지방법원 2012.11.08 2012고단6664

공무집행방해등

Text

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

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Criminal facts

On September 8, 2009, the Defendant was sentenced to six months of imprisonment with prison labor at the Busan District Court on September 8, 2009 and completed the execution of the sentence at the Busan Detention House on March 8, 2010.

1. Around 03:00 on August 19, 2012, the Defendant, within the Busan Western Police Station D District, the Busan Western Police Station located in Seo-gu, Busan, the Defendant publicly insultingd the victim by openly exposing the victim “Is the victim, 6 police officers of other police officers and the victim, who are heard by the aforesaid F, “Is the victim to see this Chewing, she was a police officer, she was frightd, she was frightd from her house, and she was frightd from her house,” and “Is the victim to see whether Is the victim, she was a police officer, and she was frightd from her house.”

2. On August 19, 2012, in order to hand over the Defendant who was arrested in the act of assault to the Busan Western Police Station Criminal System, the Defendant threatened the Defendant, who was on the back seat of the patrol vehicle, with the face of the above H two times at two times at the end of the front of the said zone, with the view to transferring the Defendant who was arrested in the act of assault to the Busan Western Police Station Criminal System.

At around 05:00 on the same day, the Defendant continued to refuse to undergo an investigation by the police station from the first floor of the Busan Western Police Station located in Seo-gu Busan Metropolitan City, Seo-gu, Busan Metropolitan City, to undergo an investigation by the police station on the first floor of the Busan Western Police Station, and assaulted the above H’s right-hand right-hand right-side on both legss.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of E and H;

1. Complaint (E);

1. Investigation report (Evidence records, 74, 77 pages);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (suspects' repeated crimes and reports accompanying such crimes);

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the choice of imprisonment with labor for the crime.