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(영문) 부산지방법원 2017.11.29 2016고단3876
공무집행방해등
Text

Defendant

A Imprisonment with prison labor for two years, for crimes Nos. 2, 8, and 9 in the judgment of the defendant B, one year and six months.

Reasons

Punishment of the crime

[criminal record] On June 18, 2013, Defendant B was sentenced to four months of imprisonment for a violation of the Road Traffic Act (non-licenseless Driving) at the Busan District Court on December 17, 2013, and the execution of the sentence was terminated on December 17, 2013. On May 12, 2016, Defendant B was sentenced to ten months of imprisonment for a special intimidation at the same court on May 12, 2016 and the above judgment becomes final and conclusive on May 20, 2016 (the Defendant was released from custody on December 13, 2015; however, the judgment was finalized on May 20, 2016, and the number of days of remaining detention was included in the term of imprisonment, and thus, the sentence to be executed remains, and it is reasonable to deem that the execution of imprisonment was terminated at the same time as the judgment became final and conclusive).

1. Obstruction of performance of official duties (Defendant A);

A. On May 25, 2016, at around 01:05, the Defendant: (a) asked the police officers belonging to the Busan Dong Police Station, who called the Busan Dong Police Station, to ask him/her whether he/she had reported to him/her on the roads of G cafeteria located in F of Busan Dong-gu, after receiving a 112 report on May 25, 2016; (b) assaulted him/her by following the Defendant: (c) “Cins, Cins, Cins, Rins, Pins, and Pins, Pins, I reported”; and (d) expressed his/her body that I pushed him/her of his/her chest.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

B. On May 25, 2016, at the Busan Dong-dong Police Station H District located in Busan Dong-gu, Busan, the Defendant: (a) conducted a survey on the crime described in paragraph (a) at the Busan Dong-dong Police Station located in the Busan Dong-dong Police Station; (b) conducted a survey by the police officer K, who belongs to the said district; and (c) asked the Defendant’s personal information; and (d) assaulted K’s face as spits, etc. on one occasion.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

"2016 Highest 7869"

2. Business interference (Defendant A and B) Defendants are different from the M Hospital located in the Busan Geum-gu L around 04:20 on May 6, 2016.

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