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(영문) 부산지방법원 동부지원 2016.11.28 2016고단1850
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On September 22, 2016, the Defendant: (a) around 22:20, around September 13, 2016, on the road in Suwon-gu, Busan, as a matter of the articles and charges of the taxi on which he was aboard, and (b) took a walk, such as blocking the taxi in front of the taxi, and taking a bath to the taxi driver and the surrounding drivers.

피고인은 112 신고를 받고 현장에 출동한 부산남부경찰서 D지구대 소속 경위 E이 피고인의 위와 같은 행동을 제지하자 욕을 하며 손으로 위 E을 밀치고 오른발로 위 E의 왼쪽 다리를 2회 걷어찼다.

Accordingly, the Defendant, a police official, interfered with the legitimate execution of duties concerning the handling of reports under the above E- 112.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of E and F;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Although the punishment of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act is heavy, the punishment shall be determined as ordered in consideration of all the normal materials revealed in the trial process, such as the confession of the defendant, the fact that the defendant is not guilty, the circumstances leading to the case, the age and occupation of the defendant, etc.

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