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(영문) 인천지방법원 부천지원 2020.04.10 2019고단4061

공무집행방해등

Text

A defendant shall be punished by imprisonment for four 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

1. On October 27, 2019, around 09:20, the Defendant: (a) obstructed the performance of official duties; (b) the police officer affiliated with the Busan High Police Station Cdistrict Group of the Busan High Police Station, which received the instant 112 report and called out after receiving the instant 112 report, prevented the Defendant from assaulting the Defendant during the course of the instant case against the Defendant’s daily happiness; (c) on the ground that the police was involved in the day between individuals, the Defendant obstructed the chest of the said D twice by hand.

Accordingly, the defendant assaulted police officers D and interfered with legitimate execution of duties concerning the handling of 112 reported cases.

2. As the Defendant’s insultd the victim F, who is a policeman belonging to the Busan District Police Station C District District of the Busan District Police Station, the Defendant publicly insultingd the victim by referring the victim “F, fluor, fluor, fluor, fluor, fluor, fluor, fluor, and fluor, fluor, fluor, of a fluor, to the large sound.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of a DNA-camp CD-related statute;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance to the defendant, inasmuch as the defendant assaulted a police officer wearing a uniform, obstructed his legitimate execution of duties, and took other police officers a bath, etc., and the nature of the crime is bad.

However, considering the fact that the defendant recognized the crime of this case, the degree of violence is not serious, etc. in favor of the defendant, and considering the age, environment, character and conduct, motive and means of the crime of this case, and circumstances after the crime, various factors of sentencing as shown in the records and arguments of this case are considered comprehensively.