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(영문) 인천지방법원 2014.06.12 2014고단2899

공무집행방해

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for five months.

However, for two years from the date this judgment becomes final and conclusive, respectively.

Reasons

Punishment of the crime

1. On April 18, 2014, at around 01:15, the Defendant, along with B, was arrested from the slope of the Incheon Southern-gu Police Station G zone G zone of the Incheon Southern-gu Police Station, and was arrested from the police officer I to move to the said zone after getting out of the front seat of the F branch located in the same Gu E on the same day at around 01:28 of the same day. After getting out from the front of the F branch located in the same Gu E, the Defendant was under the influence of alcohol and 4-5 times the face of the said D on drinking without any justifiable reason.

At around 01:50 on the same day, the Defendant committed violence to the police officer’s legitimate execution of duties concerning the prevention of crime and maintenance of order, by assaulting the above I who was seated next to him while getting out of the patrol vehicle in front of the Namnam Elementary School located in 366-gil 22, Nam-gu, Incheon, and was sitting next to him.

2. On April 18, 2014, at around 01:28, Defendant B: (a) deemed that Defendant A, a one-way driver, under the influence of alcohol prior to the foregoing F agenda, was arrested as a flagrant offender from the above H and the above I; and (b) concluded that “I would like to say, why I would have been unable to take any time without any time, she would have to arrest a flagrant offender; and (c) I would like to say, “I would have to see why I would have been influened, what I would he would have influened, what you would have influened, what you would have influened, and what you would have to influened.”

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to I and D;

1. Application of Acts and subordinate statutes to reports on internal investigation and on-site inspections;

1. Relevant legal provisions concerning criminal facts: Article 136 (1) of the Criminal Act, the choice of imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act (including the degree of violence, insignificant efforts to recover from damage, serious reflectivity, and clear social relationship);

1. Probation, order to attend a course or order to provide community service: The grounds for sentencing under Article 62-2 of the Criminal Act;