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(영문) 인천지방법원 부천지원 2017.03.30 2017고단276

공무집행방해등

Text

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

1. On January 21, 2017, at around 01:00, the Defendant obstructed the Defendant’s business, at the front corridor of the C Emergency Hospital B located in Kimpo-si, Kimpo-si, the Defendant was unable to avoid disturbance for about 30 minutes, such as: (a) the victim D, who is a security staff member of the said hospital, satisfing the Defendant, and soliciting him to return home without any particular reason; and (b) the victim satisfing the sound.

Accordingly, the defendant interfered with the duty of maintaining the security of the victim's above hospital by force.

2. The Defendant interfered with the performance of official duties at the time, time, and place specified in paragraph 1, and reported on the commission of the crime under paragraph 1, and was dispatched to the site, and the guard F belonging to the E District of the Kim Jong-gu Police Station was in favor of the Defendant, and was in favor of the said police officer, on his hand, in order to control the Defendant and check his identity

Accordingly, the defendant interfered with legitimate execution of official duties concerning criminal investigations and suppression of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against F (List 5);

1. A written statement (List 4);

1. Application of photograph (List 12) Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and imprisonment with prison labor for each offence;

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 Suspension of Execution (Confession, reflectiveness, and contingent crimes in the state of main engagement);

1. Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses