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(영문) 인천지방법원 부천지원 2014.06.26 2014고단1175

공무집행방해등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 02:50 on April 8, 2014, was waiting to witness the investigation of the instant case by assault between his profescing B and a taxi engineer at the office of the Bupyeong-gu Incheon Metropolitan City Police Station located in Bupyeong-gu, 304, Bupyeong-gu, 2014, the Defendant: “A taxi driver must be” on the ground that waiting is bad; “A taxi driver must be asked; and the Defendant was asked to wait outside the office of the victim who is a slope belonging to the said criminal case and the victim C who is a slope belonging to the said assistant, and six persons related to the other case, the Defendant was able to avoid disturbance by talking the victim at a large number of times as “I am, Gama, Gamaa, Gamath, cut, chewing, sing, and nath.”

At the above date, at the above time and place, the defendant continuously asked the defendant to present identification card to prevent a crime that may be additionally published by the police officer in order to avoid the disturbance as above, and the defendant demanded the victim to present his/her personal identification card, and the victim expressed his/her opinion that "Ye, gring, kin, kin, knife, knife, knife, knife, knife."

Accordingly, the defendant insultingd the victim, and obstructed the police officer's legitimate execution of duties concerning crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C, D, and E;

1. A statement in F and G;

1. Application of Acts and subordinate statutes to the chief of a complaint and each investigative report;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act and imprisonment, respectively, with prison labor, for the crime concerned, the choice of punishment, and the choice of punishment;

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the nature of the crime is not good in light of the circumstances and contents of the crime in this case, and the defendant is a single criminal act twice.