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(영문) 부산지방법원 동부지원 2013.11.27 2013고단1754
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 12, 2010, the Defendant was sentenced to eight months of imprisonment with prison labor at the Busan District Court for the obstruction of performance of official duties, etc. and completed the execution of the sentence on July 17, 2010.

On June 13, 2013, around 07:14, the Defendant used the Defendant’s mobile phone to make a recording by taking a bath to the effect that he was able to return home from F slope belonging to the Busan Southern Police Station E District, which was called out after receiving a report from 112 during the difficult-dong due to the payment of the drinking value, and that he was able to make a recording, such as taking the Defendant’s mobile phone toward F’s face, taking the Defendant’s cell phone into the F’s face, taking away the F’s arms to restrain it.

Since then, the Defendant, due to the above assault, arrested the F as a flagrant offender in the crime of obstruction of performance of official duties by committing the crime of obstruction of performance of official duties by committing the assault by again committing the act of assaulting the F’s left part of the elbbow with the left part of the elbow.

Accordingly, the defendant interfered with F's 112 report processing and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Application of Acts and subordinate statutes to the accused suspect interrogation protocol

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

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