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(영문) 부산지방법원 2020.12.17 2020고단4184

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

except that 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. On May 23, 2020, the Defendant: (a) around 19:10 on May 23, 2020, the Defendant: (b) 112 reported on the “C” restaurant located in Busan Dong-gu, Busan; and (c) was asked questions about the circumstances of the report, such as whether he assaulted F, which was done by E, who was dispatched to the site after having received 112 report; and (d) on the part of E, he was under the influence of alcohol, and without any reason, called the “C” to the above E, “I reported the weather; (d) the police; (e) the bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a son.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

2. At around 19:15 on May 23, 2020, the Defendant: (a) was arrested as a flagrant offender under suspicion of obstruction of the performance of official duties as stated in the above paragraph (1) and moved to the Busan East Police Station; (b) on the front side of the Busan East Police Station D Zone E located in the Busan East Police Station in front of the patrol patrol vehicle, “A person E located in the Busan East Police Station D Zone E” was in front of the patrol vehicle who was parked in the Busan East East Police Station D Zone E, and was in part of the face of the above E in this end, and was in part of this part.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest and custody of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of a report on investigation (execution of public duties) and a report on investigation (referring to CCTV images in which a suspect sponss the face of a police officer by head) (referring to CCTV images in which the face of a police officer is kept);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

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