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(영문) 부산지방법원 2015.01.20 2014고단7482

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 27, 2014, from around 19:45 to 20:05 of the same day, the Defendant obstructed the Defendant’s disturbance, such as interfering with his duties by taking away from the waiting rooms of the old subway stations located in the Geummun-ro 233-gil-ro 46, Geumpo-ro, Busan, and continuing to interfere with the Defendant’s duty of safety management and maintenance of order in the subway stations by force by force, such as: (a) the victim C, who caused the service of the said subway station, instructed the Defendant to the service room, and attempted to go against the disturbance; and (b) the victim C, who instructed the Defendant to the service room, attempted to go against the disturbance, thereby obstructing the Defendant’s duty of safety management and maintenance of order in the subway station.

2. The Defendant committed assault, at the time and place specified in Paragraph (1) above, such as the time and place of disturbance, and the 112 notice was sent to the Busan Franchising Police Station D District D District D District D District D District E, which had been called out after receiving 112 notice, when the Defendant took several times to check the particulars of 112 notice, and the above E’s bridge was cut off by hand, and the Defendant was able to take the right hand, etc. of the E in turn.

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

3. The Defendant openly insulting the victim by openly insulting the victim E, who caused the disturbance as seen above, among two service personnel, such as C, at the time and place specified in paragraph (1), and the victim E, who had committed such disturbance, by stating that “Chewing feass, feass, and fassing. Doing as a tax to be paid within, and not having been able to properly take care of.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes of violence victim photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, the choice of punishment, Articles 314 (1), 136 (1), and 311 of the Criminal Act, and the imprisonment;

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

1. Article 62(1) of the Criminal Code of the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Code).