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(영문) 인천지방법원 2018.10.24 2018고단3612

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 May 4, 2018, at around 00:03, the Defendant: (a) expressed his desire to receive a notice of penalty for a crime of disturbance of drinking, etc. from the captain E (35) of the police box of the Incheon Police Station D Police Station affiliated with the police box at the Incheon Police Station D (35) where the Defendant was dispatched after receiving a report of state cancellation; (b) took the face of the above police officer E and took the above notice at the face of the above police officer E; and (c) took the face of the police officer E at one time in drinking; and (d) took the left face of the police officer E at one time.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and prevention of police officers' crimes.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the Defendant and defense counsel’s assertion under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Social Service Orders

1. The alleged defendant and his defense counsel asserted that it does not constitute a crime of interference with the performance of official duties, since it does not constitute legitimate performance of official duties to arrest minor trees as an offender in the act of committing an act of committing an offense, and it does not constitute a crime of assault against F by putting their body in an excessive suppression.

2. Determination

A. The crime of obstructing the performance of official duties in accordance with Article 136 of the Criminal Act is established when an assault or intimidation is committed against a public official performing official duties. The assault here is sufficient to exercise a tangible force against a person, and does not necessarily have to be against that person’s body. In addition, as an abstract dangerous crime, there is a need to occur a result of obstructing the performance of duties in detail.