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(영문) 부산지방법원 서부지원 2017.07.17 2017고단597
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, the Defendants are above two years from the date of the judgment.

Reasons

Criminal facts

1. 피고인 A 피고인은 2017. 1. 15. 00:54 경 부산 북구 D에 있는 E 가게 앞에서, 폭행을 당하였다는 112 신고를 받고 출동한 부산 북부 경찰서 F 지구대 소속 경위 G( 남, 51세 )에게 피고 인의 일행인 H이 폭행 관련 현행범인 체포를 당하게 되는 것을 목격하고는 G의 앞을 가로막고 손으로 G를 밀치고 바닥에 누워 발로 위 G의 허벅지 등을 4회 찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reports by police officers.

2. At the above time and place, Defendant B: (a) testified that Defendant B, who was called upon the above 112 report at the Busan Northern Police Station F District of the Police Station of the Busan Northern Police Station, was present to the police officer I (son, 29 years old) of the Defendant C, who was the first executive of the Defendant C, was arrested as a flagrant offender with respect to interference with the performance of official duties; (b) obstructed I’s front front, breath, fat I’s fat, fat, and fatd I’s face; and (c) fatd and batd I’s fat.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

3. At the above time and place, the Defendant C sent up 112 the above part of the chest part of the J in front of the defect that Defendant C attempted to arrest a flagrant offender, who was on the duty of the F District of the Busan Northern Police Station, and on the said 112 report, J (the remaining, 50 years old), etc. was pushed down five times in front of the police station of the Busan Northern Police Station.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reports by police officers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to K, G, J, and I;

1. The application of Acts and subordinate statutes to photographs (Assaults against I Polices);

1. Defendants of the relevant legal provisions concerning criminal facts: Article 136(1) of the Criminal Act

1. Defendant B of ordinary concurrence: Articles 40 and 50 of the Criminal Act (the punishment imposed on a person who commits a crime committed with heavier punishment in the course of obstructing the performance of official duties by a person who commits a crime);

1. The Defendants: Imprisonment with prison labor;

1. Suspension of execution;

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