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(영문) 인천지방법원 2016.03.30 2016고단440

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 27, 2002, the defendant is notified of a summary order of two million won or more by obstructing the performance of official duties by the Incheon District Court.

1. On January 17, 2016, from around 20:00 to around 01:20 the following day, the Defendant interfered with the victim’s main business by force by putting down his/her driver’s plaque by force, such as: (a) he/she gets to drink at the D main points operated by the Nam-gu Incheon Metropolitan Government B Victim C (V, the age of 41) with two drinking together with two drinking; (b) he/she was engaged in drinking with two drinking; and (c) was engaged in drinking on the floor; and (d) driving away of customers inside the main points.

2. The Defendant interfered with the performance of official duties: (a) was aware of the foregoing date, time, place, 112 reported and dispatched by the Defendant, such as the life safety of the Incheon Southern Police Station and the security guards F of the E District; and (b) whether the Defendant was faced with money to the Shee or the owner of the business;

The sound "I" assaulted F's chest at one time as drinking by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment) and Article 314 (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that a person commits the instant crime in contingency under the influence of alcohol, and the fact that he repents);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;