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(영문) 인천지방법원 부천지원 2015.05.26 2015고단235

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on December 6, 2014, the Defendant interfered with a police officer’s legitimate execution of duties concerning the handling of reported cases by 112 by assaulting a police officer F, who belongs to the Hanmi Police Station E District, called “Isle to governance, Isle to this chron, Isle to this chron, Isle to this chron, Isle to this chron, Isle to this chron.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and F;

1. The police statement concerning F;

1. A summary statement of witnesses in G and H;

1. Each investigation report [The defendant and his defense counsel argued that the defendant did not assault the police officer only if he wanted to the police officer, but the following circumstances, namely, the following circumstances that are acknowledged by comprehensively taking account of the evidence duly adopted and investigated by this court, namely, F, the police officer, consistently stated that the defendant was damaged by the defendant from this court to this court, and the defendant, who seems to be difficult to directly experience, stated in detail his speech, behavior, surrounding circumstances, etc. at the time, and thus, judged credibility in his statement; G and H, which were at the scene, stated in accordance with the victim's statement in this court; if each of the above evidence was presented, the defendant's assertion is recognized as having been committed by assaulting the defendant and his defense counsel, such as the charge, and thus, the above argument by the defendant and his defense counsel is not accepted].

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;