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(영문) 부산지방법원 2014.10.31 2014고단7555

공무집행방해

Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On August 31, 2014, around 00:50 on August 31, 2014, Defendant A received 112 a report that there was a time limit between the Defendant’s daily activity and the above main point in Busan Jung-gu, Busan, and the police officer F of the Jung-gu Police Station Estation, who was called out, finished the above drinking price test, and obstructed the departure of the patrol vehicle by opening a door to the patrol vehicle to handle the other 112 reported case.

Accordingly, the above F went off from the patrol car to meet the above Defendant’s behavior, and the Defendant took a bath to the above F, and obstructed the police officer’s legitimate performance of duties concerning the duty of 112 reporting, such as taking the F’s face by hand while taking a bath to the F.

2. Defendant B, at the same date and time as, and at the same place as, the above 1.3, arrested the Defendant as a flagrant offender for the foregoing reasons, he publicly insultingd the victim H, who is a police officer, on the job in G, etc., by bringing the victim H, “I am to know about how to handle the instant case properly.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to police statements made to F, H and G;

1. Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 311 of the Criminal Act; Article 311 of the Criminal Act; Article 311 of the Criminal Act; Selection of a fine;

1. O defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A of the suspended sentence: Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The crime of this case committed by Defendant A is not good in light of its circumstances, and in particular, the crime of obstruction of performance of official duties is highly likely to be punished by an act of light of public authority and disturbing legal order, and is disadvantageous to the Defendant.

However, the fact that the defendant has no record of being punished as a crime of obstruction of performance of official duties, that the degree of violence is not much serious, and that the defendant is against himself while leading to the crime.