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(영문) 부산지방법원 2017.10.16 2017고단3724
공무집행방해
Text

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

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

Reasons

Punishment of the crime

In relation to the traffic accident that occurred while the defendant was previously crossing a bicycle without permission, the defendant was suffering from the fact that the defendant was treated as the perpetrator by the Busan Youngdo Police Station.

1. On May 10, 2017, the Defendant was found to the Busan Young-do Police Station C in the Busan Young-do Police Station C in Busan Young-gu, Busan, Busan, on May 10, 2017, and resisted to handle the bicycle traffic accident, D in the above police station C mooring reduction D in the above police station “I am drinking to the police station prior to the towing, I am spabling and spabbling with police officers, and spacing the drinking.”

“In response,” the said D’s floor was demoted at one time with his/her hand when he/she saws the desire and verbal abuse, such as “blick, police dog, and flick,” etc.

2. Although the Defendant was arrested as a flagrant offender due to interference with the performance of official duties, he continued to engage in abusive and verbal abuse to police officers, such as the above D, and immediately came to the office of the above police station C Inspector E, who was in charge of the above bicycle traffic accident around 18:16 on the same day, and the Defendant took the bath and verbal abuse, such as “I see how much money was received,” and led the Defendant to force the Defendant on the hand floor one time with his hand.

Accordingly, the defendant assaulted police officers on two occasions and interfered with legitimate execution of duties concerning criminal investigations by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the Acts and subordinate statutes governing CCTV images;

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

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding a fine and the fact that there has been no serious result due to the assault by the defendant, etc.).

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