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(영문) 부산지방법원 서부지원 2018.11.09 2018고단764
공무집행방해
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

On December 28, 2017, at around 10:20, the Defendant took a bath at the Busan Northern Police Station D District of the Busan Northern Police Station located in the Busan Northern District, and was faced with a 112 report by the police officers, and was dispatched to the police officers, and took care of the Defendant’s cell phone and belongings. On December 28, 2017, the Defendant continued to walk up the Defendant’s right edge of the Defendant’s cell phone by a defect that the slope of the said earth was trying to stop, and the Defendant’s guardian was trying to avoid disturbance and get off the side while he was trying to return to the said earth, thereby impairing E’s head bonds with the defect that he tried to restrain.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on protective measures against the main offender.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements from witnesses E, G and F;

1. The 112 reported case handling table; and

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., favorable circumstances, etc., for the following reasons);

1. The community service order under Article 62-2 of the Criminal Act;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act

1. The summary of the argument is that the defendant, as stated in the above facts charged, walked the upper half of the right edge of E one time to walk the head of E. However, this is a legitimate defense since the defendant resisted against illegal public duties such as taking-over and illegal confinement committed by the D police station located in the Busan Northern Police Station, and it constitutes a legitimate defense.

2. According to the above evidence duly adopted and examined by the court (such as testimony, etc. of terrestrial CCTV and witnesses), the police officers of the D District Police Station of Busan in Busan in order to find out the body of a woman as being written in the state of obsessation from 08:31 to 08:31 on the day of the instant case.

“On several occasions, 112 reports have been filed to the effect that “........”

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