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(영문) 인천지방법원 부천지원 2017.04.13 2017고단463

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On February 5, 2017, the Defendant refused to withdraw, around 00:50, the Defendant left 20 minutes until the arrival of the police officer who received 112 report without justifiable grounds until the arrival of the police officer who received 112 report.

As a result, the defendant did not comply with the request of the victim of the right of residence without any justifiable reason.

2. The Defendant, at around 01:10 on the same day as that indicated in paragraph (1) and paragraph (1), demanded that the police officer D, who belongs to the Seocheon-gu Police Station, which was dispatched to the scene after having received a report of 112, leave the scene immediately at the above location, demanded the Defendant to leave the site. As such, the Defendant expressed the above police officer “a bitch bitch bitch bitch bitch bitch bitch,” and expressed the Defendant’s desire to “a bitch bitch bitch bitch bitch bitch bitch bitch,” and carried the Defendant’s part of the police officer’s chest at one time on the part of the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police statement protocol (List 3, 7) to D and C by statute;

1. Relevant provisions of the Criminal Act, Articles 319(2) and 319(1) (Noncompliance to eviction) of the Criminal Act, Article 136(1) of the Criminal Act, and imprisonment with prison labor for each offence;

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 (Article 62 (1) of the Act on the Suspension of Execution has a record of being sentenced to the suspension of the execution of imprisonment due to confession, reflection, interference with the performance of official duties, etc., but this has already been about 20 years prior to the suspension of execution, other than those prior to the suspension of execution;

1. Protective observation, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order.