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(영문) 부산지방법원 2015.05.20 2015고단1860
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On March 23, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) committed assault against the driver of a motor vehicle driving on the front of the National Bank of Korea in Jung-gu, Busan, the Korean National Bank, and the victim B (year 52) who is a taxi driver) boarding the C taxi driving in front of the Korean National Bank of Jung-gu, Busan, and the victim stops temporarily for the signal atmosphere, while moving to the Seo-gu, Busan, the driver of a motor vehicle driving on the back of the victim at one time.

2. On March 23, 2015, around 22:10, the Defendant obstructed the victim’s taxi driving duties by force by force, such as taking a bath for about 15 minutes while leaving the custody of the chief goods of the said taxi, in the front of the 61 East-ro, Seo-gu, Busan, Seo-gu Public Security Center, and soliciting him to return home from the police officers D, etc. dispatched after receiving a report from the said victim B.

3. On March 23, 2015, the Defendant used obstruction of performance of official duties and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving of Drivers, etc.) at around 84, Seo-gu, Busan, Seo-gu, Busan, instead of Seo-gu, 84:30 minutes, the Defendant sent a taxi engineer to the police officer D, etc., who interfered with his/her duties, and arrested him/her as a flagrant offender, etc., who was on the back seat of the police officer D, etc. belonging to the Busan, Seo-gu police station, and expressed that he/she was “Chewing, Chewing, dead, etc.,” while moving to the zone.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the on-site traveling and assaulted the driver of a vehicle in operation at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made against D and B;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime;

1. Trade name;

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