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(영문) 부산지방법원 서부지원 2021.01.29 2020고단1912

특수공무집행방해등

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A defendant shall be punished by imprisonment with prison labor for up to six 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 July 14, 2020, the Defendant: (a) around 20:45, at the front of the Busan High-gu, Busan High-gu; (b) around 20:45, and (c) around 20:1, the Defendant got the head of the victim at one time, with a childbirth, which is a dangerous object, following the victim C, following the drinking.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant: (a) sent out after receiving a report at the date and time as stated in the above paragraph (1) above; (b) sent out at the location of the above paragraph (1) above, and (c) sent out to the Busan Hambb, D’s position in Busan Hamb, and Hamb, who was solicited to return home from the Hambs E; and (d) Hamb, who was a dangerous object, committed assault on the chest of the above E once.

Accordingly, the defendant carried dangerous things and interfered with the legitimate execution of duties of police officials concerning the handling of 112 reported cases.

3. On July 14, 2020, around 22:13, the Defendant assaulted the Defendant, on the ground of the foregoing paragraph 1, in G District located in F, Busan, which was arrested as a current offender, on the ground of the foregoing paragraph 1, at G District, in Busan, which was located in F, the Defendant used a slope H, which was located in the Busan, which attempted to take a lock again to the Defendant who was in the toilet, one stop at the Busan, which was located in the Busan, and the instant H’s right bridge once.

As a result, the defendant interfered with legitimate execution of duties concerning the custody of the current criminal who was arrested by police officials.

Summary of Evidence

1. Written statements made by the defendant at each police station against D, E, and H in his/her legal statement;

1. Application of each statute on photographs;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260 (a point of special assault) of the Criminal Act, Articles 144(1), 136(1) (a) of the Criminal Act, Article 136(1) of the Criminal Act (a point of interference with the performance of special duties), the choice of imprisonment for each term;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., conditions favorable to the following grounds for sentencing):

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant assaulted the victim C's head once without any particular reason with dangerous things, and I hope.