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(영문) 부산지방법원 2013.06.13 2012고단8710

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten 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 August 5, 2012, around 18:20 on August 5, 2012, the Defendant: (a) expressed the police officer’s desire at the D District District of the Seo-gu Busan Busan Western Police Station; (b) stated that “A police officer was “a fright to drink one water by a shot box;” (c) the police officer of the Busan Western Police Station, who was investigating the kidnapping incident at the same time, would be “a fright to drink for drinking drinking water”; and (d) stated that the above E would be “a fright to walk down, grow, and open,” and said E would put the instant instant instant cup into the water, thereby hindering the legitimate performance of duties concerning criminal investigation of the said E.

2. On August 5, 2012, the Defendant damaged public goods: (a) around 18:30 on August 5, 2012, the Defendant: (b) was found to have taken a face of the Defendant’s cream with a digital camera; (c) the Defendant: (d) took a bath to the said F that “I ambling, I would like to get the said camera from her opening; and (d) destroyed the unregistered digital camera at the market price of the public office, which was put on the floor and used by the said F.

3. On August 5, 2012, the obstruction of performance of official duties, the Defendant: (a) around 18:30 on August 5, 2012; (b) there was a defect in the police officer’s attempt to arrest the Defendant as a flagrant offender on the grounds of the crime of destroying public goods as described in paragraph (2); and (c) the said F expressed that the Defendant “I am dead as to why you want to arrest”; (d) asking the right-hand arms of the said F; and (e) at the same time, asking the victim F (23 years of age) for a lawful performance of duties concerning the suppression of and investigation into the said FF crime; and (e) at the same time, the victim F (23 years of age) injured the Defendant by having his right-hand arms

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Statement of statement by the police with respect to F (including photographs, etc. of damaged parts attached thereto);

1. Application of Acts and subordinate statutes of E;

1. Interference with the performance of official duties in relation to criminal facts: Damage to goods for public use under Article 136 (1) of the Criminal Act: Article 141 (1) of the Criminal Act: Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;