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(영문) 부산지방법원 2020.12.03 2020고단2451
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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 June 22, 2020, the Defendant: (a) around 08:10 on June 22, 2020, the Defendant of the obstruction of the performance of the performance of official duties against B, “I am going to go to the house” from the slope belonging to the Busan Police Station E zone of the Busan Police Station that was sent to the site according to the notification of 112 “I am going to go to the house,” and “I am to go to the house in the course of moving to the house after the patrol, I am to the end, “I am to go to this dog,” and am to the above slope B, which was driven by putting two arms with the safety partitions in the patrol.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in relation to the 112 Report Handling.

2. At around 08:20 on June 22, 2020, the Defendant: (a) arrested the F as a flagrant offender in relation to the obstruction of performance of official duties set forth in paragraph (1) within the “E District District” located in Busan Jin-gu, Busan; and (b) took a bath for police officers; and (c) bucks down buckbucks to the left left side of the border F belonging to the said district, where the police officers were bucked.

Accordingly, the defendant interfered with legitimate execution of duties on the suspect management who is a police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of examination of each witness to B or F of this Court;

1. According to the investigation report (Attachment of CDs), investigation report (Attachment of CCTV video CDs in the E District), etc. (Attachment of CCTVs in the E District), the Defendant was in need of emergency relief under the influence of alcohol, and the Defendant was on board the patrol vehicle at the request of a police officer, and on a different premise, the Defendant and the defense counsel’s assertion that B’s carrying the Defendant on the patrol vehicle is not legitimate execution of official duties, is not accepted).

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

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

1. The Criminal Act, the suspension of execution;

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