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(영문) 인천지방법원 2019.06.13 2019고단1165

특수공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 3, 2019, at around 01:40, the Defendant made a 112 report at the domicile of the Defendant in Seo-gu Incheon, Seo-gu, Incheon. Around 01:40, the Defendant made a verbal dispute with her husband, and filed a 112 report, and the police officer belonging to the Incheon Western Police Station D District E, which was called upon and called upon the above report, asked the details of the report and the circumstances of the case, and he collected the transition ( approximately 10cm per day, approximately 20cm in total length) which is a dangerous object kept in the kitchen at the same place, and made it fit with her own timber and her clothes. The Defendant threatened the said police officer by stating, “Is the dead and her son, who did not want to do so.” The Defendant added it to E in excess of the defect in order to restrain it, and destroyed it by spreading it.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol of statement to E and F;

1. Articles 144(1) and 136(1) of the Criminal Act applicable to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Article 62(1) of the Criminal Act in the suspension of execution are the primary offender and the defendant is wrong, and the defendant's age, character and conduct, environment, motive of the crime and circumstances before and after the crime are determined as the same as the order in consideration of all the sentencing factors.