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(영문) 부산지방법원 동부지원 2015.02.12 2014고단1464
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 14, 2014, the Defendant damaged public goods on the ground that the 112 patrol police box affiliated with the Busan Shipping Police Station Embs, who was carrying out patrols to prevent traffic accidents while drinking alcohol on the front side of D in Busan Shipping Daegu, was trying to take part in the marital fighting, and that the said vehicle was broken down by the 112 patrol police box affiliated with the Busan Shipping Station Embs, who carried out patrols in order to take part in the marital fighting.

As such, the Defendant damaged the patrol vehicle, which is a public object, whose repair cost is unknown.

2. The obstruction of performance of official duties, the Defendant committed an assault against the victim F, a police officer affiliated with the above patrol box, who prevented him from accompanying the patrol vehicle at the time and place specified in paragraph (1) of this Article, including: (a) the victim F, who was a police officer in charge of the above patrol box, she took five times to walk the F in her course; (b) continuously her hand when the head of G of the police officer belonging to the said patrol unit was cut back to her hand; (c) while she was aboard the patrol box, she was seated at the back seat of the patrol unit, she walked about four times to walk off the partitions of the vehicle; and (d) the F, who prevented him from taking the boom.

As such, the Defendant interfered with the legitimate execution of duties concerning police officers F and G’s public peace and maintenance of order, and at the same time, the Defendant inflicted an injury upon the victim F to have the victim F blue the right blue in the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness F, H and G;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Article 141(1) of the Criminal Act applicable to the relevant criminal facts, Article 136(1) of the Criminal Act, and Article 257(1) of the Criminal Act concerning the criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. The extent of injury under Article 62(1) of the Criminal Act is not much serious;

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