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(영문) 인천지방법원 2017.12.22 2017고단8252

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2017, the Defendant: (a) reported on October 21, 2017, in front of the “C cafeteria” B, Nam-gu Incheon Metropolitan City, the Defendant: (b) took measures against the police officer, who was called up after receiving 112, regarding the circumstances belonging to the police station Down, Incheon, the police officer, and his guardian, who was under the influence of alcohol; (c) and (d) whether the police officer was taking measures against the police officer, who was under the influence of alcohol; and (d) whether the instant police officer “I am this sonhsh.

“The expression “ was made”.

Accordingly, the above E does not call the Defendant’s desire.

On the other hand, the defendant, while taking a bath again, carried to the above E, took the face of the above E one time as a drinking, and took the face of the above E one time as a drinking.

계속하여 피고인은 같은 날 21:07 경 인천 남동구 G 인천 남동경찰서 D 지구대 앞에서 위 공무집행 방해 혐의로 체포된 상태로 순찰차에서 하차 하면서 위 지구대 소속 순경 H의 머리를 향해 수회 박치기를 하고, 위 D 지구대 안에 인치된 후에도 위 H의 정강이를 1회 걷어차고, 같은 날 21:20 경 위 D 지구대에서 화장실을 다녀온 후 피고인에게 다시 수갑을 채우려고 하는 위 F의 정강이를 발로 1회 걷어찼다.

As a result, the defendant interfered with the legitimate execution of duties concerning the protection of the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made to F, H, and E;

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

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

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. The circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act (a case involving multiple police officers’ use of violence over several occasions, etc., in light of the contents of each crime and the circumstances before and after each crime, etc.) and favorable circumstances [a] recognized a crime.