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(영문) 부산지방법원 서부지원 2019.11.28 2019고단1539
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 3, 2019, around 00:55, the Defendant: (a) obstructed performance of official duties on the roads in front of the Cju shop building located in Busan Yagu; (b) requested from the security guards E of the D District located in the D District called out after receiving 112 reports to return home; (c) carried the Defendant’s name; and (d) carried the Defendant’s shoulder; and (d) assaulted the E’s shoulder on his/her hand; and (c) assaulted him/her on his/her clothes.

Accordingly, the defendant interfered with the police officer's legitimate performance of official duties on 112 reporting processing affairs.

2. The Defendant damaged public goods, at the time, at the same time, at a place as set forth in Paragraph (1), and at the same time and place as set forth in Paragraph (1), was arrested as a flagrant offender for the facts constituting the crime set forth in Paragraph (1), and the police officers belonging to the D District District were arrested the Defendant on the patrol vehicle to put the Defendant on the patrol vehicle, and the part of the lower part of the F Abdore gate of the F. Abdore Shed patrol vehicle parked at a strong resistance, which was parked there was a defect of about 5.5 cm in the repair cost, thereby impairing the goods used by public offices by causing approximately KRW 529,956.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, G, and H;

1. Application of Acts and subordinate statutes to patrol vehicles, damage and photographic materials, investigation reports (infact video data and on-site investigation), investigation reports (infacing and repairing expenses incurred in attaching estimates of patrol vehicles);

1. Relevant Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment), the choice of punishment for the crime (the point of damaging goods for public use and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution) (Article 62 (1) of the Patrol Vehicle Repair Expenses

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

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