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(영문) 인천지방법원 2014.07.02 2014고단3572

공무집행방해

Text

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

Reasons

Criminal facts

On September 21, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Toxic Chemicals Control Act at the Jung-gu District Court on September 21, 2012, and completed the execution of the sentence in the third prison of the Gyeongbuk-do North Korea on March 3, 2013.

피고인은 2014. 5. 14. 21:30경 인천 계양구 C에 있는 D 모텔에서 “506호 손님인 피고인이 112 신고를 해주지 않으면 모텔을 부숴 버린다고 했다”는 위 모텔 업주의 112 신고를 받고 출동한 인천 계양경찰서 E지구대 소속 경위 F(48세)과 경장 G(32세)으로부터 신고 이유를 질문받자 “야 씨발놈들아 나 지구대 가고 싶으니까 수갑 채워 개새끼들아”라고 큰소리로 욕설을 하고 위 G에게 머리를 들이밀며 침을 뱉는 등 행패를 부렸다.

Accordingly, the above F cannot be said to go against the earth by arresting the Defendant, and the Defendant was flicked with the Defendant, but the Defendant was flicked with the door of the above 506 Moel, and the Defendant was flicked to the patrol team by getting out of the door of the above Moel, and showing his personal correspondence.

Even after the Defendant was aboard the back of the patrol vehicle, the Defendant: (a) kidddd up the above FF’s back water that had not been on the front line with his hand; (b) wn up about three times by drinking it; and (c) wn up from the patrol vehicle after arrival in the E zone; and (d) wn up two times by walking the above G G’s bucks.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes concerning criminal records and current status of confinement and confinement of individuals;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [decision of types] of obstruction of performance of official duties (in the case of coercion of official duties) [the scope of recommending punishment] from June to April (basic area] from June to April (the decision of sentence].