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(영문) 인천지방법원 2014.07.24 2014고단3880

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 18:20 on 06. 07. 07. 18:20, the Defendant was under the influence of alcohol in front of the EA, which is an instructor of a private teaching institute in Nam-gu Incheon Metropolitan City, and the Defendant was under the influence of alcohol.

피고인은 화가 나 간판 등을 발로 찼다.

When the Defendant demanded the instructors of the above driving school, such as D, to stop standing signboards, etc., the Defendant saw them to take a large voice as “hicker,” while taking a photograph of the face of female instructors, etc. from D along with D using handphones.

The Defendant was asked by G, a police officer of the Incheon Southern Police Station, who was dispatched to the site after receiving a report of D, etc. 112, about the background of sponsoring, and was asked by G, a police officer of the Incheon Southern Police Station, who was called to the site. The Defendant, who was requested to delete the face pictures of female instructors taken by the Defendant, expressed the Defendant’s desire to “a bitch bitch bitch bitch bitch.”

The Defendant continued to go on the patrol lane to the above G, stating that “a save to save a save” was “a save” and go on the patrol lane.

The Defendant opened the back of the patrol car, and assaulted the front part of the said G, such as walking the front part of the clothes of the said G, one time, by hand, at the face of the said G.

Accordingly, the Defendant interfered with legitimate execution of duties concerning the maintenance of order in the above G G.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (6 months to 1 year and 4 months) of the obstruction of performance of official duties. [Pronouncement Decision] The legal order of the State is established and the public authority is eradicated, it is necessary to strictly punish the crime of obstruction of official duties. However, in order to establish the law and order of the State and eradicate the light of public authority, it is necessary to punish the crime of obstruction of official duties.