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(영문) 부산지방법원 동부지원 2020.06.17 2020고단24
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 23, 2019, around 02:18, the Defendant: (a) reported 112 in front of the housing building located in Nam-gu, Busan; and (b) requested the Defendant to return home from D by a police officer affiliated with the Busan Southern Police Station C District unit of the Busan Southern Police Station, who called the scene after having received a report that “the Defendant walked to walk the gate under the influence of alcohol, such as walking the gate, etc.; (c) stated that “I am out of the way, I am the police”; and (d) assaulted the Defendant, by hand, by removing the rank insignia attached to D’s upper part on the left side of D.

The Defendant continued to be dispatched to the scene along with the foregoing D and the police officer E belonging to the same district group, “I would be arrested due to the suspicion of obstruction of performance of official duties. I would like to hear the horses that “I would not take a bath or assault against the police officer,” and she saw E as “Chewing flachi,” and assaulted the chest part of E by her hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers D and E concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

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

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

1. There is a career of being punished several times for violent crimes as well as the reason for sentencing selective punishment of imprisonment with prison labor.

In case of violence to police officials performing official duties due to their physical contact, it is not easy to remove the rank, such as the removal of the rank.

However, the punishment as ordered shall be determined by comprehensively considering the fact that the defendant reflects, support the mother who suffers from cerebrovascular, and all other circumstances revealed in the records and arguments of this case.

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