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(영문) 인천지방법원 2019.11.26 2019고단5435

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 23, 2019, at around 04:10 on May 23, 2019, the Defendant obstructed police officers’ legitimate performance of duties by assaulting the victim E, the police officer affiliated with the Incheon Southern Police Station, who was sent to the site after receiving a report of 112 that there was a person suspected of attempted suicide, and the victim F, the police officer, who was the same police officer, wanted to refrain from attempted suicide, and booming the victim E’s chest by hand, booming the victim E’s face, booming the victim F’s face by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. 12 reported matters;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (i.e., confessions and reflects, the degree of obstruction of performance of official duties is not serious, and there is no criminal record exceeding a fine, etc.);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;