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(영문) 인천지방법원 2015.03.19 2015고단206

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

A seized food map (No. 1) shall be confiscated from the accused.

Reasons

Punishment of the crime

1. At around 00:30 on January 11, 2015, the Defendant of special obstruction of performance of official duties: F, a police officer belonging to the Incheon Western Police Station E-gu Incheon Western Police Agency, a police officer belonging to the Incheon Western Police Agency E-gu Incheon Police Agency, who received 112 reports, and the police officer belonging to the Incheon Police Agency, did not find a mobile phone from his/her own loss, the Defendant collected a knife knife of the knife and discarded the knife of the knife, the knife of the knife, the knife of the knife, the knife of the knife, the knife of the knife, the knife of the knife, No. 1).

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

2. While the Defendant, at the same time and place as above, deemed a drunk breath, insulting the victims to the victim F and H, who are police officers, by referring to the “Woo Madern Madern Madern Madern Madern Madern Madern.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. A written statement of I;

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 144(1) and 136(1) of the Criminal Act as to the facts of the crime concerned, and Article 311 of the Criminal Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment prescribed for the special crimes of obstruction of performance of official duties against each other, the punishment for each insult, and the punishment for the special crimes of obstruction of official duties against F, of which the punishment heavier than the punishment for the crimes of obstruction of official duties is imposed);

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the crimes of obstruction of the performance of special duties and of insult, and the concurrent crimes of the special obstruction of the performance of duties which are heavier than the punishment];

1. Reasons for sentencing of Article 48(1)1 of the Criminal Code for confiscation [the scope of recommending punishment] obstruction of performance of official duties.