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(영문) 부산지방법원 2017.08.28 2017고단2696

공무집행방해등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 19:15, 2017, the Defendant damaged the Defendant’s mobile phone to KRW 19,00 for repair costs, such as: (a) from the second floor of the C subway Station No. 3 in the C subway Station No. 19:15, 2017, the Defendant was dissatisfied with the elevator from the second floor of the C subway Station No. 3 in the Busan Dongdong-gu, Busan; (b) continuously divided the elevator pressing and prevented the elevator from operating; and (c) the victim D (29 years old) who caused the service of which the Defendant was receiving the civil petition as above prevents the elevator from operating; and (d) the victim D (29 years old) who caused the service of which he/she was receiving the civil petition as above; and (e) the victim’s mobile phone was deducted from the cell phone of the victim so that he/she

2. The Defendant interfered with the performance of official duties at the same place on the same day, around 19:40, and around 112 reported and sent out by the Defendant F, the circumstances surrounding the Dong Police Station E District, attempted to arrest a flagrant offender due to an assault, etc., thereby making the victim’s left fingers and knee knee kne.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and F;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively, for the crime;

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

3. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that an agreement is made with the victim of damage to property, the fact that there is no record of punishment for the same kind of crime, and the fact that it is against the law