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(영문) 인천지방법원 2019.09.26 2019고단5244

특수공무집행방해

Text

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

Reasons

Punishment of the crime

On November 7, 2014, the Defendant was sentenced to three years of imprisonment with prison labor for injury, etc. at the Incheon District Court, and completed the execution of the sentence in the 1st correctional institution of North Korea on August 11, 2017.

At around 15:50 on August 2, 2019, the Defendant: (a) returned a nearby commercial building in front of the C branch in Michuhol-gu Incheon, Incheon, without any justifiable reason; (b) opened a road without permission; and (c) was notified by the circumstances leading up to the D District of the Incheon Michuhol-gu Police Station, the Defendant received a request for presentation of identification cards from E; and (d) was asked about the background leading up to the unauthorized crossing, etc., the Defendant got asked to ask for the presentation of identification cards from the elderly; (b) was sent once a glass disease, which is a dangerous object that has been blighted by the descendants.

Accordingly, the Defendant interfered with the legitimate execution of duties of the police concerning the handling of reported cases, such as assault by carrying dangerous objects.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. Recording records;

1. On-site photographs of internal history reports, internal history reports2 reports, damaged parts, and photo of a shoulder glass bottle, 112 case records, CDs and criminal scene photographs, CCTV photographs of reported places, and on-site photographs of unauthorized crossings;

1. Previous convictions: The defendant's defense counsel for criminal records and investigation reports (refence of repeated crimes). According to Article 3 of the Act on the Performance of Duties by Police Officers, the police officer demanded the defendant to produce identification cards, although the defendant did not have the right to request the defendant to produce identification cards, E, the police officer, did not request the defendant to produce identification cards. Since the defendant refused to produce identification cards and carried out illegal duties such as blocking the defendant from the scene, the defendant's act in opposition

According to each evidence of the judgment of the court below, the police officer E was dispatched to the site after receiving a report that the police officer E was a know-how on the building around the main station and found the defendant without permission.