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(영문) 부산지방법원 동부지원 2015.05.28 2015고단474
공무집행방해등
Text

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

except that 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. Around 22:00 on February 5, 2015, the Defendant insulting the victim at the street in front of the Busan Southern Police Station Cpublic Security Center located in Busan Southern-gu, Busan, the Defendant publicly insulting the victim on the job where the police officer E belonging to the above public security center, who received a civil petition filed by the victim D that the Defendant would not pay a substitute driving fee, received the victim’s civil petition. This vehicle is inside the vehicle, which means, “I am, amp, amp, amp. amp., amp., amp., amp., amp. I am. I am off. I am a bit of a bitch bitch.”

2. Performance of official duties;

A. The Defendant, at the same time, at the same time, at a place as indicated in the foregoing paragraph (1) as indicated in the foregoing paragraph (1), committed assault to the above E in order to resolve the same civil petition as indicated in the foregoing paragraph (1) by stating that “a bitch is equal to bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch.” The Defendant obstructed the police officer’s legitimate performance of duties concerning the treatment of civil petitions by assaulting the same bit

B. At around 22:10 on the same day, the Defendant’s above Cpublic security center is subject to paragraphs (1) and (2) of the same Article.

When a flagrant offender was arrested as a flagrant offender with the same suspicion as the mentioned in the paragraph, he/she exceeded his/her own belief, and committed violence, such as using the above E's left side blick at one time, thereby obstructing the police officer's legitimate execution of duties concerning the arrest of a flagrant offender.

3. Around 23:10 on the same day, the Defendant: (a) resisted that he/she arrested himself/herself as a flagrant offender at the above C Public Security Center; (b) thereby making him/her wear a civil petition room glass, thereby impairing his/her repair cost to KRW 35,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the Acts and subordinate statutes to a investigative report (to attach photographs toCCTV video images and caps);

1. Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Article 141(1) of the Criminal Act (the point of damaging public goods, the choice of imprisonment), Article 311 of the Criminal Act as to the crime, and the insult of Article 136(1) of the Criminal Act.

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