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(영문) 부산지방법원 2014.01.24 2013고단7425

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On October 6, 2013, at around 22:34, 2013, the Defendant: (a) received a 112 report from the D main points of the operation of the Busan Jin-gu, Busan, and received the notification that he f will pay the drinking value and return home from the E District Police Officer F, who was dispatched to the site; and (b) stated that the Defendant “this mile, flusing, flusing, flusing, flusing, flusing, flusing, flusing, flusing, flusing,” and carried out a bath to the above F.

Around that time, the Defendant continued to be arrested as a flagrant offender under suspicion of obstruction of performance of official duties, etc., and on the back seat of the patrol vehicle, and continued to board the patrol vehicle, and received once the face of the above F.

Accordingly, the Defendant assaulted the above F and interfered with the police officer’s legitimate execution of duties concerning the suppression and investigation of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of the Act and subordinate statutes to the upper part of the F’s photograph;

1. Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act, the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the degree of obstruction of performance of official duties is relatively insignificant, confession and reflect);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;