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(영문) 인천지방법원 2018.01.12 2017고단7845

공무집행방해등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. Defendant A’s sole crime committed on September 24, 2017: (a) around 20:50, the Defendant 112 reported that he was frighting, and called “E” located in Nam-gu Incheon, Nam-gu, Incheon, and called “F District G,” and, on the ground that he was removed from the F District G, the Defendant her seated a large amount of sound, such as “I fright frighting at Sim,” and “I am frighting at the time of dubling, so the police did not go through due to the lack of any crime of frighting the flab,” and “I am a part of the said G’s seated at one time.”

In addition, in order to prevent the Defendant, the police officer neglected the legitimate performance of official duties concerning the handling of the report by the police officer 112 in consideration of the face of the above H as a elbow elbow with the elbow.

2. The Defendants’ joint crime committed against the Defendant H (25 years old) to arrest the Defendant A as a current offender with interference with the performance of official duties, and Defendant A resisted against this resistance, and Defendant B got a dular of the victim so that the victim does not arrest the Defendant A, and Defendant B was able to get a dular on the victim’s working clothes to prevent the victim from arresting the Defendant A.

As a result, the Defendants conspired and interfered with the legitimate execution of duties regarding the above H’s arrest duties, and at the same time, the above victims suffered injury such as 10 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement (victim and witness) made to G, I, J, H, and K;

1. Each investigation report (to make a statement and submission of a medical certificate, to make a video recording of the site, and to make a video recording of persons for reference;

1. A list of the F District Service sites and 112 reported incidents;

1. A medical certificate (victim H) and an injury medical certificate;

1. Application of the Acts and subordinate statutes to the victim's partially damaged photo, the caps of dynamic images, and the visual flag photograph;

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Each of the Articles 136 of the Criminal Act (Interference with the performance of official duties), 136, and 30 of the Criminal Act (Interference with the performance of official duties), Articles 257(1), and 30 of the Criminal Act (in cases of injury), and imprisonment.