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(영문) 부산지방법원 2019.07.25 2019고단1656
공무집행방해
Text

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

Reasons

Punishment of the crime

[Criminal Power] On October 24, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for the obstruction of performance of official duties in the Dong branch of the Busan District Court, and two years of suspended execution, and the judgment became final and conclusive on November 1, 2018.

【Criminal Facts】

1. On April 2, 2019, at around 03:35, the Defendant committed the crime against the police officer B: (a) on the street in the vicinity of the police box located in Busan Jung-gu, Busan; (b) on the 112th report, the police officer B and the police officer called the Defendant under the influence of alcohol and continued to take care of the Defendant to move to the said police box; and (c) on the part of the police officer, the Defendant assaulted the police officer under the influence of the above B at one time at the left head of the above B.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases and protective measures by police officials.

2. On April 2, 2019, at around 03:53, the Defendant continued to commit the crime of 1.2, 2019, who was arrested as a flagrant offender committing the crime of obstruction of performance of official duties by the above E, etc., and was compelled to carry in the above D police box, the Defendant assaulted the above E, by hand, at one time, at his/her left son, “whether he/she is why he/she would be fright, whether he/she will be frighted, and whether he/she will be fright to the police force of both gue.”

Accordingly, the defendant interfered with legitimate execution of duties concerning criminal investigations by police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

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

1. A detailed statement of 112 reported cases processing, course photographs, and investigative report (clock and video viewing);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of the same kind of electric data), and application of Acts and subordinate statutes to investigation reports (verification of the same kind of electric power);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.

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