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(영문) 부산지방법원 2017.03.22 2016고단8561
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 5, 2016, at around 00:50 on October 5, 2016, the Defendant assaulted the victim by taking the back of the victim E (31) who was seated and reported his mobile phone on the ground that the part of the victim E (31 years old) was bad, in his/her hand at one time on the back of the victim’s face, and continuing to assault the victim at one time on the part of his/her hand.

2. The Defendant damaged public goods at the same time, at the same place, and after receiving a report of 112, that “the Defendant was assaulted,” reported by the head of the Busan Police Station F District G belonging to the Busan Police Station, to listen to the damage caused by the damage, and caused the damage to the G by walking the head of the H patrol vehicle boarding and arriving at the site on the ground that the said police officer’s failure to listen to the damage caused by the damage caused by the damage, thereby damaging the car so that the 451,251 won of the repair charge, which is a public object, is damaged.

3. The Defendant interfered with the performance of official duties at the same time, at the same place, at the same time, and at the same time and place, and at the same time after receiving a report of 112, reported that the Defendant walked in the front door of the patrol car as indicated in the foregoing paragraph 2, and prevented the Defendant, and avoided the Defendant, thereby exposing him/her off, exposing him/her, and threatening him/her, and assaulting him/her by snicking him/her in his/her bather bat.

Accordingly, the defendant, by force, interfered with the legitimate execution of duties of police officers concerning handling reports 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Application of Acts and subordinate statutes to each investigation report, patrol photograph, photograph of a crime interfering with the performance of official duties, and repair cost estimate;

1. Article 260 (1) of the Criminal Act (a point of assault) of the relevant Act on the facts constituting an offense, Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties) and Article 141 (1) of the Criminal Act (a point of impeding the performance of official duties);

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Taking into account the fact that the crime is committed);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is the first crime (Obstruction of the performance of official duties).

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