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(영문) 인천지방법원 부천지원 2016.10.21 2016고단2019

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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 03:40 on May 26, 2016, the Defendant asked the F Superintendent of the E Zone, who was on the E Zone patrol vehicle, to resolve the problem of fare, and then the proxy engineer returned to the Defendant and only the Defendant remains.

The Defendant, who was on the patrol car and the driver’s seat on the patrol car, demanded the driver to request the driver to drive the car to the house, and the police officer refused to do so. On the other hand, the Defendant opened a door to the driver’s seat and brought a boat to the left side of the G to the left side of the G. Then, the G was assaulted by two descendants out of the vehicle.

As such, the Defendant interfered with the legitimate performance of public duties concerning the maintenance of public peace and order of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. The prosecutor's statement concerning G;

1. Recording records;

1. Investigation report (the statement, etc. of police officers called to the scene at the time), investigation report (the inspection report, etc.) (the patrol car booms and CCTV image analysis, etc. of terrestrial CCTVs);

1. Application of the Acts and subordinate statutes to photographs by cutting down the upper part of the victim's upper part, the patrolr's booms image, and capturing them;

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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant, even after the obstruction of performance of official duties, takes a bath to police officers, avoiding disturbance, and is not good enough to commit such crime;

However, the defendant reflects his mistake, there is no record of punishment of imprisonment without prison labor or more before the crime of this case, and the defendant's age, character, character, environment, health conditions, family relationship, and crime.