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(영문) 부산지방법원 2014.05.01 2014고단871

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 3, 2011, the Defendant was sentenced to six months of imprisonment with prison labor at the Busan District Court, and completed the execution of the sentence on July 4, 201.

1. On February 1, 2014, the Defendant: (a) around 03:40 on February 1, 2014, at E main points operated by the victim D located in the city of Busan, Dongdong-gu; (b) however, F, an employee of the said main points, was returned home because of the end of the business; (c) but refuses to do so and takes a bath, etc.; and (d) upon receiving the said F’s report, police officers were dispatched, and the police officers were dispatched to the scene, then the Defendant destroyed the damage by gathering one disease of 250,000 won at the market price of the victim’s possession on the table (700 m) on two tables.

2. The obstruction of performance of official duties and the Defendant: (a) at the same time and place as above; (b) the security guards, who were police officers belonging to the Busan East Police Station G District, which received a report of 112, recommended the Defendant to return home; and (c) the said H, who was taking a bath to restrain the Defendant from taking the Defendant’s hand, she laid down the two-time disease, as described in the above paragraph (1) and she was faced with the Defendant’s knee-cosck, which requires approximately two weeks of medical treatment.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of the 112 reported case, and at the same time injured the victim.

3. Around 04:05 on February 1, 2014, the Defendant: (a) committed assault against F in relation to the foregoing paragraph (1) on the face of the police officer, who was a police officer of the securityJ, in preparing a written statement against F in relation to the foregoing paragraph (1) when he was arrested as a flagrant offender due to suspicions such as property damage, damage, etc. at the G district of the Busan Dong-dong Police Station G district located in the Busan Dong-gu, Busan Metropolitan City; and (b) obstructed the police officer’s legitimate performance of duties concerning the handling of

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to the F, H and J;

1. A protocol concerning the suspect examination of the accused;

1. Previouss before judgments: Criminal history records, each investigation report (Evidence Nos. 11,13 of evidence), written judgments, and written judgments;