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(영문) 인천지방법원 2019.05.22 2019고단605

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor 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

At around 02:00 on January 18, 2019, the Defendant: (a) 112 notice was given to the C main place located in Namdong-gu Incheon Metropolitan City, “FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF at once, and the Defendant she spit the face of the E BWF at the seat of the area located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, on the ground that there is a defect in the Ebbucking to arrest the Defendant as a flagrant offender of violence; (b) on the other hand, at the entrance of the DWFFFFFFFFFF, G spit the face of G in order to transfer the Defendant to the police station; and (c) he spit the Defendant’s spit at once on the face of the said G at the same time while on board the train, and on the other 20th of Incheon Dong-dong, Incheon.

Accordingly, the defendant interfered with legitimate execution of duties such as reporting 112 of police officers, arrest of flagrant offenders, and arrest of new soldiers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Sponsor E, on-site photographs, and damaged photographs;

1. Application of Acts and subordinate statutes to notify departments related to the reporting of the D District Office and the 112 Incident;

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

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. On the grounds of sentencing under Article 62-2 of the Probation Criminal Act, the following conditions shall be determined by comprehensively taking into account the records of the instant case and the conditions of sentencing as shown in the trial process, such as the Defendant’s age, character and conduct, environment, motive and background of each of the instant offenses, means and methods, and circumstances after committing the instant offenses.

Unfavorable circumstances: the circumstances, contents, etc. of the instant crime of obstruction of performance of official duties.