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(영문) 인천지방법원 2017.02.02 2016고단7655

공무집행방해

Text

Defendant

A Imprisonment with prison labor for eight months and for eight months, respectively.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. Defendant B

A. On August 20, 2016, the Defendant forced indecent act: (a) committed an indecent act by force against the victim by exposing the victim’s left chest part of the victim’s left chest from the “F” Round operated by the five-story victim E (M, 36 years of age) of the Yeonsu-gu Incheon Building D on August 20, 2016.

B. The Defendant interfered with the performance of official duties on the same day, 23:00 days from the 5th to the 6th floor of D building with the above “F,” and expressed the Defendant’s desire to arrest the Defendant as a current criminal committing an indecent act by force in the Yeonsu-gu Incheon Police Station G District in the elevator, and stated that “the above police officers shall wear governance to the above police officers,” and bluent part of the part of the above police officers’ blus blus with the said police officers’ blus, and brus the blus with the Defendant’s blus with the blus of the above police officers’ blus. Accordingly, the Defendant interfered with the legitimate performance of duties by the police officers concerning the arrest of

2. On August 20, 2016, Defendant A, at around 22:51, 2016, stated that “A police officers belonging to the Incheon Yeonsu Police Station G District would arrest the said B as a current offender after receiving a report from 112, the Defendant: (a) obstructed the front of the said police officer; and (b) prevented the said police officer from arresting the B by breaking both the said police officer’s shoulder.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police statements made to E and H;

1. Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 298 of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and each choice of imprisonment;

1. Aggravated concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Defendant A: Article 62-2 of the Criminal Act;

1. The defendant to an order to attend the course;