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(영문) 부산지방법원 2019.08.22 2019고단2184

공무집행방해등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On October 15, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for obstruction of performance of official duties, etc. at the Busan District Court, which became final and conclusive on October 23, 2018, and is currently under suspension of execution.

【Criminal Facts】

1. On May 12, 2019, the Defendant, at around 13:30 on May 12, 2019, demanded the Victim C to move back to the Victim’s house located in the Busan B’s annual residing room. If the Defendant demanded the Victim to move back to the Victim, then he was asked the Victim to do so.

However, the defendant's refusal to comply with it and, at around 17:46, until a police officer called out by the victim's report on the same day arrives, leave the victim's place of living without justifiable grounds until he/she arrives.

The Gu refused to comply with the Gu.

2. On May 12, 2019, at around 20:37, the Defendant was urged to return home from the Busan Coast Guard Station G, the Busan National Police Station F Zone G where he called to report that he drinks alcohol on the front side of the road located in Busan National Cemetery D, and the police officer was urged to return home from the police officer, and the above police officer was 4th floor of the 3rd floor of the above public official notification unit in the above police officer’s residence, and the above police officer was able to kill the above police officer from the stairs of the 3rd floor of the above public official notification unit “I want to die. I wish to die. I am this dog, I do do am. I do am. I do am. I do am. I do am.) and tried to take twice the part of the above G’s left buckbucks, and the part of the above G’s face once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Protocol of the police statement concerning G;

1. C’s statement;

1. Investigation report (verification of revenue period);

1. Previous records: Criminal records and other inquiry reports and the application of Acts and subordinate statutes to investigation reports (the confirmation of crimes during the period of suspended execution of sentence);

1. The point of non-compliance with the eviction under Article 319(2) and (1) of the Criminal Act of the corresponding Article of the Criminal Act concerning the crime, and imprisonment; and