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(영문) 부산지방법원 2015.02.09 2014고단9305
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 October 31, 2014, around 20:05, the Defendant obstructed the Defendant’s business in front of the 1 Dong residents’ center in Busan Dong-gu, Busan, and obstructed the Victim B’s taxi operation by force, by failing to get off the said taxi for about 20 minutes, and by force, the Defendant took a cab operated by the victim B as a customer and without any justifiable reason under the influence of alcohol to ask the victim for destination.

2. On October 31, 2014, at the same place as Paragraph 1, around 20:30 on October 31, 2014, the Defendant: (a) landed from the said taxi by the police officer E, a police officer belonging to the Busan East Police Station D District D District of Busan Police Station, who was called upon the Defendant’s report that the Defendant interfered with the operation of the taxi as Paragraph 1; and (b) subsequently, the said police officer told the Defendant of the defect that the said police officer tried to guide the Defendant to a safe place on the street, and told him of the defect that the said police officer attempted to inform the Defendant at a safe place on the street; and (c) assaulted him by turning on the part of E’s security guards with another hand, when the process of the instant police officer’s drinking frighted the Defendant’s drinking.

The Defendant continued to be arrested as a flagrant offender and moved in the patrol car, and assaulted upon the left face of E during the process of having sprinked, “I am arrested because she was spacked.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of B and E;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article 136(1) of the Criminal Act for criminal facts (the point of obstruction of performance of official duties), Article 314(1) of the Criminal Act (the point of obstruction of official duties).

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