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(영문) 부산지방법원 2014.12.04 2014고단6204

공무집행방해등

Text

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

However, 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 20, 2014, the Defendant, at around 23:15, 2014, killed the victim C, and obstructed performance of official duties on the water bed from the sea side of the new wall market in Seo-gu, Seo-gu, Busan, Seo-gu, Busan, the Defendant: (a) saved in the sea on the water bed; (b) but, under the influence of alcohol, he was sent a report of 119 when he was sent to the Plaintiff, who was able to ask questions about the circumstances of the instant case from the slope C belonging to the Korea Coast Guard Station of Busan, who was sent to the Defendant; (c) was able to ask questions of the victim C; and (d) took down the breath’s flab, and was flading C over the floor, and caused the injury to C, such as the inspection of the bridge, under which approximately two weeks of treatment is required.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on public peace and maintenance of order, and at the same time injured the victim C.

2. The Defendant’s obstruction of performance of official duties against the victim E is above 23:40 on the same day.

At the same place as Paragraph 1, "the person who was saved in water" was arrested as a flagrant offender in the crime of obstruction of performance of official duties by the F District G located in the Busan Western Police Station, and was transferred to the back seat of the patrol station, and assaulted E, such as taking the slope E belonging to the F District where the said patrol vehicle is driven by both hands and later taking the slope E belonging to the Busan Western Police Station, when he was arrested as a flagrant offender in the crime of obstruction of performance of official duties.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of performance of official duties against C and the crimes of injury, and the punishment imposed on heavier injury);

1. Punishment;