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(영문) 인천지방법원 2019.02.21 2018고합762

공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 5, 2018, the Defendant: (a) around 20:40, in the family room of the Defendant of Seo-gu Incheon Seo-gu B apartment C, and (b) provided consultation on sex offense with the victim E by a police station affiliated with the D police station, in which a male was dispatched after having received 112 a report that he/she intends to rape a female, the Defendant: (c) stated that “the name of the width should be changed; (d) he/she shall be asked to do so; (e) he/she shall be asked to conduct the investigation; (e) he/she shall take the head of the victim on his/her hand; (d) taken the head of the victim on his/her hand; and (e) prevented him/her from leaving the victim; and (e) took the body of the victim on one occasion by walking the body of the victim; and (e) caused him/her to face the victim on the wall of the toilet.

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the suppression of crimes and investigation duties, and, at the same time, detained the victim for about five minutes, and inflicted an injury on the victim, such as climatic salt, tension, etc. which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Some statements made by the prosecutor's protocol of interrogation of the accused (2 times in answer form);

1. Partial statement of the police interrogation protocol of the accused (second time)

1. Each police statement of E and F;

1. Certificates of medical treatment, certificates of injury diagnosis, and photographs of damaged parts;

1. Application of Acts and subordinate statutes to which submission of data submitted by viewers H to criminal investigation reports (fields), investigation reports (Evidence Nos. 3), investigation reports (investigation into the field conditions), photographs submitted by G (stoves damaged in a toilet) and daily broadcasting of Defendant 1 were made;

1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting the crime (the point of obstructing performance of official duties), Article 281 (1) (main sentence), and Article 276 (1) of the Criminal Act;

1. Judgment on the assertion of the defendant and his/her defense counsel under Articles 40 and 50 of the Criminal Act (the punishment provided for the crime of bodily injury resulting from heavy confinement)

1. Summary of the assertion

A. Mental and physical disability at the time of the instant crime.