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(영문) 부산지방법원 동부지원 2016.08.24 2016고단998
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, at around 00:57 May 19, 2016, was arrested by police officers belonging to the Busan Southern Police Station, who received 112 reports in relation to the act of assault against D, etc. located in Nam-gu, Busan, and called "C" at around 00:57, and was arrested as a current offender by the police officers belonging to the Busan Southern Police Station and continued to the Busan Southern Police Station in Busan Southern-gu.

After completion of the basic investigation of the defendant's assault charges under paragraph (1), G of the FJ was moving the defendant to the place where the patrol is located in order to hand over the defendant's disease to the Busan Southern Police Station criminal department.

On the same day, the Defendant refused to board the patrol vehicle at around 02:30 on the same day, and used his body fighting with the patrol vehicle at around 02:30, and assaulted by G, such as the bucker, the bucker, and the bucker in the inside of the patrol vehicle at around 1 time.

Accordingly, the Defendant interfered with the legitimate performance of official duties concerning the transfer of a new flagrant offender G who is a police official.

2. The Defendant, around 02:50 on the same day, committed assault, such as assaulting H’s Hubucks on the ground that it is bad, on the ground that it was handed over to the police officers belonging to the Busan Southern Police Station, located in the office of the Busan Southern Police Station, located in 81, a 319-day Busan Southern Police Station, and by the police officers belonging to the F District Ha. H., on the ground that it is bad.

Accordingly, the Defendant interfered with the legitimate performance of official duties concerning H’s transfer of a flagrant offender who is a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. Application of the Acts and subordinate statutes governing shooting photographs and CCTV video CDs to police officers who obstruct the performance of their official duties to H;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning criminal facts (the point of obstructing the performance of official duties and the choice of imprisonment);

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 (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, including an order to attend a lecture or an order to provide community service.

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