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(영문) 인천지방법원 부천지원 2019.07.18 2018고단3696

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

Around 22:40 on December 7, 2018, the Defendant used the 1,200 won on the floor to talk with C and a slope D belonging to the Busan High Police Station, which was dispatched to the site upon receipt of a report of 112, and used the 1,200 won on the floor of the 1,200 won on the floor, and used the d'culatory cryp, ring, and sprinking, by hand, the Defendant d's d's throfing, and sprinking the breast at hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

[Defendant and his defense counsel asserted that the police officer had expressed a desire to commit perjury, but they did not contain any brupt or assault. According to the evidence duly adopted and investigated by this court, it is consistent with the main part of the defendant's statement in this court and investigation agency by the victim police officer D, the statement by the witness C in this court and investigation agency by the witness C in this court and investigation agency by the witness at the time, and the specific statement about the situation at the time, and there is no inconsistency with the statement, and there is no motive to make a false statement for the defendant's criminal punishment against the related person who does not know at all. In light of the above facts, there is considerable credibility in each statement above, and the defendant took a bath and assault against the police officer as stated in its reasoning. Accordingly, the defendant and his defense counsel's assertion is without merit]

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Statement made to D by the police;

1. C’s statement;

1. Application of 112 Reporting List and Acts and subordinate statutes governing the place of work;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 186(1) of the Criminal Procedure Act do not have any attitude to recognize and reflect the error.