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(영문) 부산지방법원 2014.12.11 2014고단8570
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On October 21, 2014, around 21:35, 2014, the Defendant stated that he/she was dissatisfied with the fact that he/she did not properly treat his/her civil petition before the D Public Security Center located in Busan Dong-gu, Busan, and only one plastic powder was laid in the front of the D Public Security Center, and added him/her to the above D Public Security Center. The Defendant expressed that he/she “Chewing fice” to the Busan Dong-dong Police Station Life Safety and the slope F (the age of 44) affiliated with the E District, and expressed that he/she “Chewing fice” to him/herself at one time and in his/her hand, she saw the above FF’s buck with his/her hand and ske it and ske it.

Accordingly, the defendant interfered with the suppression of the above F's crime and the legitimate execution of duties in the Public Security Center.

2. At around 22:25 on the same day, the Defendant spit a bath to the circumstances surrounding H (the age 46) of the Busan East Police Station G Team at the Busan East Police Station’s criminal watch room located in the Busan East Police Station located in the city of Busan in order to be arrested as a flagrant offender due to the act referred to in paragraph 1 at the Busan East Police Station’s criminal watch room located in the city of Dong-gu, Busan, stating that “the Defendant spits the above H’s face.”

Accordingly, the Defendant interfered with the legitimate performance of duties concerning H’s watchkeeping.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to F and H;

1. Photographs (the surface of the damage, CCTV screen, etc.);

1. Application of Acts and subordinate statutes to investigation reports (Attachment, etc. of victim photographs);

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. The sentencing reasons for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) despite the fact that the Defendant had been sentenced two times to obstruction of performance of official duties or a suspended sentence, the Defendant again committed the instant crime repeatedly; (b) it is not good that the Defendant had committed the instant crime by continuously exercising violence against the police officers on duty; and (c) otherwise, the background, means, method, and degree of damage that the Defendant caused the instant crime.

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