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(영문) 부산지방법원 2018.01.17 2017고단4377
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 02:35, May 16, 2017, the Defendant: (a) reported that the Defendant fighting was conducted on the street in front of the “D week” located in Busan Jung-gu, Busan; (b) tried to check the situation of the male who was under the influence of alcohol by the E box F of the Police Station affiliated with the Busan Central Police Station, and tried to have the male who was under the influence of alcohol; (c) tried to have the baby of the victim Y (25 years old); and (d) tried to have the baby of the victim H (51 years old), who was under the control of the Defendant, she was frighted by a private person G (25 years old); and (d) assaulted the chest of the victim H (51 years old) who was under the control of the Defendant’s arms and became in excess of H with sha by skeing the body of the Defendant.

그러자 피고인은 “ 경찰이 나를 넘어뜨려 다치게 했다” 라며 H을 따라다니면서 “ 야 이 개새끼야, 너 이름이 뭐야, 너는 이제 좆됐다, 너희가 경찰이 가, 십 새끼야 ”라고 욕설을 하면서 달려들려고 하고, 경찰관들이 귀가를 종용하고 철수하려고 하자 “ 십 새끼들 아, 어디 도망 가노, 나를 공무집행 방해죄로 잡아넣어 라” 라며 순찰차에 임의로 탄 다음 내리지 않는 등 순찰차가 출발하지 못하게 방해하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on crime prevention and suppression.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, H and G;

1. Application of Acts and subordinate statutes of the I;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is a bad thing when considering the following facts: (a) the Defendant obstructed the police officers from performing their legitimate duties in relation to the prevention and suppression of crimes; and (b) the recovery of damage is not proper.

However, there are no criminal records of the same kind and suspension of execution against the defendant, and other facts.

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