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(영문) 인천지방법원 2019.05.23 2019고단726

공무집행방해

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:30 on January 11, 2019, the Defendant: (a) expressed the desire of the police officers, including E, to “Ighhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh, which is located in the Namnam-gu Incheon Metropolitan City, Incheon; (b) received 112 reports that there is a problem of taxi fare; and (c) obstructed the legitimate performance of duties of police officers by assaulting the police officers, such as “Ighhhhhhhhhhhhhhhhhhhhhhh

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of CCTV Acts and subordinate statutes;

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 on the suspended execution (i.e., the confession and reflect, the fact that a police officer served as a drinking to a victimized police officer but does not directly fit for the police officer, and deposit KRW 300,00 for a victimized police officer, etc.);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;