Cases
209doz. 1454(a) Damage to special goods for public use
B. Special obstruction of performance
Defendant
A (66 years old, female, real estate brokerage)
Prosecutor
Suspension Decree
Defense Counsel
Attorney Park Yong-young
Imposition of Judgment
April 28, 2009
Text
A defendant shall be punished by imprisonment for up to eight months. The number of detention days prior to the pronouncement of this judgment shall be included in the above sentence.
Reasons
Criminal facts
1. Damage to special goods for public use;
On March 20, 2009, at around 15:30, the Defendant was found to be a police officer B1, B2 who belongs to the Busan Police Station written district, which called the patrol vehicle after receiving a report that there was a person who was on board the patrol vehicle in front of BJ, Busan, Busan, Busan, to stop on the front side of the vehicle in order to prevent the Defendant from escape, and the Defendant was trying to abscond after driving the patrol vehicle in order to escape from arrest, and the B1, B2 again stopped on the front side of the vehicle in order to prevent the Defendant from escape.
As the Defendant attempted to flee in the direction of the underground parking lot of BUB in the left side, and the vehicle is unable to proceed in that direction, the Defendant changed the direction of the vehicle, and the Defendant got off the front part of the patrol vehicle on the rear side of the vehicle driven by the Defendant, and damaged the patrol vehicle, which is a public object, by taking up a part on the right side of the patrol vehicle on which B1 was stopped.
2. Special obstruction of performance;
In order to prevent the Defendant from escape at the time and place mentioned in paragraph (1), the Defendant proceeded with the vehicle in the direction of the left side of the vehicle B2 and obstructed legitimate execution of duties concerning the arrest of the police officer, by carrying the vehicle, which is a dangerous object, such as having B2 go beyond the floor by facing the front door of the vehicle driven by the Defendant, and having B go beyond the floor.
Summary of Evidence
Omission
Application of Statutes
1. Article applicable to criminal facts;
Articles 144(1), 141(1), and 136(1) of the Criminal Act (Optional to Imprisonment)
1. Aggravation for concurrent crimes;
Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act
1. Inclusion of days of detention in detention;
Article 57 of the Criminal Act
Judges
Judges Han Han-Gyeong