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(영문) 부산지방법원 2017.03.09 2016고단8399
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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. On November 30, 2016, the Defendant interfered with the performance of official duties, on the ground that, in the “C main points” located in Busan Dong-gu, Busan, on November 30, 2016 in the “C main points,” the Defendant asked the details of the report by the police officer affiliated with the Busan Dong-dong Police Station D District Unit of the Busan Dong Police Station, who called the site after receiving the 112 report, would threaten E, as the Defendant would be at the time of his desire to call together while carrying out a bath, and, upon E’s restraint, the Defendant “Is this flick and police flick.”

“In doing so, assaulted twice at the right side of E by hand.”

On the ground that the Defendant continued to have been dispatched by G on the ground that G was trying to restrain himself/herself by the police officers belonging to the said D on the ground that he/she was called together, “I ambling, I ambling,”

“In doing so, assaulted at one time on the left side of G with the floor of hand.”

Accordingly, the defendant, upon receiving a report 112, interfered with the investigation of the police officer's crime and the legitimate execution of public duties concerning the maintenance of order at the site.

2. The Defendant damaged public goods, at the time and place specified in the preceding paragraph, was arrested as a flagrant offender suspected of interfering with the performance of official duties, and was parked in the vicinity of the said patrol vehicle on the ground that the part left behind the said patrol vehicle was bad in the patrol vehicle (vehicle No. H), thereby impairing the utility of the goods used by the public office by damaging the said patrol vehicle to take one time away from the left pent part of the said patrol vehicle on the ground that it would be bad.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to I, E, and G;

1. Application of Acts and subordinate statutes to a copy of the work site in the D District, a list of cases to be reported, a damaged patrol car photograph, and a written estimate;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 141 (1) of the Criminal Act concerning facts constituting an offense (the point of impairing goods for public use);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution 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 suspended execution;

1. Protective observation and community service order;

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