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(영문) 부산지방법원 서부지원 2020.01.17 2019고단2138
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On June 22, 2019, at around 23:15, the Defendant, upon receiving a report on 112 that “the drunk is walking on the road” on the front of the Busan Maritime Daegu B building, the Defendant tried to take a bath to “Isk to see that Isk-cut kis, rings, Isk-in, and Isk-in, Isk-in, Isk-in, Isk-in, Isk-in, Isk-in, Isk-in, and move to the center of the road.”

The Defendant continued to refrain from the above Defendant’s behavior, and assaulted D’s faces on one occasion with his hand, and her face on two occasions with his head, and then walked D’s bridge on one occasion with his head.

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

2. The Defendant was arrested as a flagrant offender of the crime of obstruction of performance of official duties at the time, time, and place as mentioned in paragraph (1) at the same time and place as mentioned above, and thereafter, in the course of boarding the patrol car (E) at the Shipping Police Station C Zone Patrol, the Defendant saw the front door of the patrol car to walk up twice.

Accordingly, the defendant damaged the articles used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation reports (field conditions, etc.), investigation reports (Attachment of screen pictures taken by police officers in the field), investigation reports (on-site CCTV images - Control Center of the Maritime Daegu Office), investigation reports (on-site CCTV images - F hospital), investigation reports (on-site CCTV images - B building); investigation reports (on-site CCTV images - B building);

1. Application of patrol vehicles and Acts and subordinate statutes on damaged part of police officers;

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141(1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The legal order of the country where the sentencing of Article 62-2 of the Criminal Act is applicable.

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