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(영문) 부산지방법원 2019.01.09 2018고단2392
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. 공무집행방해 피고인은 2018. 2. 25. 01:25경 부산 부산진구 B에 있는 'C' 앞길에서 여자친구 D와 다투던 중, ‘어떤 남자(피고인)가 여자를 폭행한다’는 내용의 112신고를 받고 출동한 부산진경찰서 E지구대 소속 경장 F가 D로부터 피고인의 처벌을 원치 않고 귀가하기를 원한다는 진술을 청취한 후 피고인에게 귀가를 권유하자 “내가 뭘 잘못했냐, 씨바, 지랄병하고 있네” 등의 욕설을 하며 주먹으로 F의 배 부위를 1회 때려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of official duties by police officers who execute legitimate duties related to 112 reports.

2. On February 25, 2018, around 02:02:12, the Defendant, such as the Defendant, at the Busan Jin-gu Busan Police Station E District, Busan, the Busan Jin-gu Busan, and as described in paragraph (1), had a mind that the Defendant, who was arrested and investigated a flagrant offender for the purpose of obstructing the performance of official duties, could have discovered the fact of being distributed to a fine fine due to the failure to pay the fine, as he was the h’s her birth.

When preparing a letter of arrest and a confirmation at the time and place of the foregoing, the Defendant: (a) stated H’s name and resident registration number in the column for confirmation of the certificate of arrest of a flagrant offender; (b) forged another’s signature for the purpose of exercising the signature with a seal; and (c) submitted a false letter of confirmation to F, who is aware of the circumstances, that is,, submitted the document of the forgery of the above private signature at the seat, to F, as if the document was duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. A written arrest of a flagrant offender;

1. A certificate;

1. A report on investigation (the sequence No. 14, 15 of the evidence list);

1. Application of the video file CD-related statutes;

1. The point of obstruction of performance of official duties and imprisonment with prison labor under Article 136(1) of the Criminal Act, which is applicable to the relevant criminal facts and the choice of punishment.

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