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(영문) 부산지방법원 2018.11.28 2018고단4312
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 22, 2018, Defendant A, upon receiving a report from 112 to the effect that “I continue to open the door,” the entrance was opened in front of the Busan-gu Busan-gu building, Busan-do building, Defendant A committed assaulting Defendant A, i.e., the circumstances E and circumstances belonging to the Busan-gu Police Station D District Branch, and F, “Isked the front rank of the Republic of Korea,” and ii) with “Isked the front rank of the Busan-gu Police Station” twice.

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

2. Defendant B: (a) was crypted by Defendant B, at the above date, and at the above time, and at the same place, she threatened F with the stone with the stone straw on the floor, which was frighting to “knife” dangerous objects, as the knife would inflict danger and injury.

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

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the interrogation of each police suspect against the accused;

1. The police statement protocol with respect to E, F and G;

1. Each photograph;

1. Application of Acts and subordinate statutes on mobile phone image;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 62(1) of the Criminal Code of the Suspension of Execution (see, e.g., Supreme Court Decision 200Do1448, Apr. 1, 2001)

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

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