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(영문) 부산지방법원 2019.08.09 2019고단2745
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 16, 2019, around 02:25, the Defendant committed the crime against the Inspector B, who was on the street in front of the Geum-gu Busan Metropolitan City, and was reported to the effect that “A was under influence of alcohol” was assaulted by B, who was under the jurisdiction of the Busan Geum-gu Police Station D Zone D, which was called out by the Defendant, with his hand, 3 to 4 times the head of the above B’s clothes with his hand, etc., and who was under the control of B’s face and walked with the above B’s face.

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

2. The Defendant was arrested as a flagrant offender of the crime of obstruction of the performance of official duties in accordance with the foregoing B, etc. at the time and place specified in paragraph (1), and was transferred to the Busan Geum-gu Busan F Office G Office in F.

At around 05:10 on the same day, the Defendant refused to undergo an examination as a suspect while taking a bath at the above office. Accordingly, the Defendant took a bath to hear the horses that may sit in a waiting room from E in the atmosphere from the circumstances belonging to the above police station, and the Defendant assaulted the above E, “I am off, am off, and am off,” and “I am off, I am off, I am am on the floor, with the inside of the above E worn, and try to see the face of the above E in drinking, and try to remove it.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, and investigation of police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each police statement protocol to B and E;

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

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

1. The act of assaulting a police officer in the course of performing his/her duties for sentencing under Article 62(1) of the Criminal Act is not appropriate for the crime, there is no record of punishment exceeding a fine, and other defendants.

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