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(영문) 부산지방법원 서부지원 2020.06.04 2020고단172
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

At around 16:30 on December 10, 2019, the Defendant: (a) 16:30 on the road of “C” located in the Busan: (b) “C”; (c) 112, the Defendant took a bath on the ground that he was: (a) was urged by the slope E belonging to the Busan: (a) Police Station D branch of the Busan Police Station that was called upon upon receipt of a 112 report; (b) was feled by her hand and carried to the said E; (c) was knee with the right-hand kne; and (d) continued to assault the said E at around 17:10 on the same day, the Defendant was arrested as a flagrant offender of the crime of obstruction of the performance of official duties by the said act at the Busan Police Station of the Busan Police Station located in F, Busan; and (d) requested the head of the 4 team leader G of the said Police Station to cut the lock to the right-hand part of the said G on the ground that it could not get off and escape.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting processing and investigation affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Investigation report (as to the suspect's speech and behavior, etc.);

1. Report on investigation (investigation of witnesses in the face of violence of a suspect);

1. Investigation report (for the purpose of violence and photographing images at the time of entrance into the scene);

1. Application of Acts and subordinate statutes to a report on investigation (for a suspect walking along a police officer, contact with the police officer in advance);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is not likely to obstruct the performance of official duties by assaulting a police officer dispatched by a defendant upon receiving a report, and interfere with the performance of official duties by assaulting another police officer even after he was arrested as a flagrant offender and connected to the earth.

The defendant recognizes his own crime.

The defendant is a same crime.

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