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(영문) 부산지방법원 2016.09.22 2016고단3659
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On June 27, 2016, the Defendant: (a) on June 27, 2016, at an empty office located on the first floor in Busan High-gu C, Busan High-gu; and (b) on June 27, 2016, after receiving a report that he was gambling, the police officer belonging to D police unit in Busan High-gu, Busan High-gu, and F was located therein.

Although being aware of the fact that 40 to 50 passengers were investigating about gambling, the entrance was opened as if they were to find out of the above office with the name infinite, and if they were to find out of the above office whether there was a son, and even if they were to say from E, they continued to open the entrance and attempt to escape out of the entrance, and using the gap, the defendant was to have “Isson, this is here,” and the defendant was to have the door opened in the office where the door was opened and attempted to escape out.

“In doing so, I tried to enter the office through an open entrance.”

While the Defendant, as seen above, tried to assault the above E in a way that he did not enter the office because he was investigating the gambling case, and prevented the said E from opening the entrance, thereby allowing the said E to escape out of the office, by having the gambling suspect who had left the office.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on criminal investigation, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and F;

1. Each investigation report (as a result of the analysis ofCCTV images and the verification of suspect A's telephone call details, the result of the analysis of suspect A's smartphone digital evidence);

1. There is a record of punishment for violent crimes, including the fact that the defendant was punished twice as a result of obstructing the execution of official duties for the reason of sentencing of imprisonment, Article 136(1) of the Criminal Act regarding the pertinent criminal facts, Article 136 of the Criminal Act regarding the choice of punishment, and Article 1

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