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(영문) 인천지방법원 2020.08.20 2019고단8725

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 31, 2019, at around 03:24, the Defendant interfered with business, and the Defendant committed violence, at the “D convenience store” located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, for about 20 minutes, the victim’s neck was pushed down once with the victim’s knife hand, and assaulted once with the victim’s knife hand with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife for 20 minutes, thereby having the victim organize the convenience store and discontinue the business.

Accordingly, the defendant assaulted the victim and interfered with the operation of the convenience store by force.

2. At around 04:10 of the foregoing day, the Defendant: (a) was asked to leave the police station E-district of the Incheonnam Police Station E-gu, Incheon, which received 112 reports; (b) was fluored by the police officer’s son’s son’s son’s son’s son and son’s son’s son’s son on two occasions; and (c) committed assaulting the police officer’s son’s son’s son’s son’s son’s son’s son’s son on one occasion after the arrest as a flagrant offender.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of the 112 reported case by police officers and the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of the police protocol of statement to F;

1. Article 136 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act concerning the crime;

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

1. Imprisonment with prison labor chosen;

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. All of the sentencing conditions, such as the content of each crime in the judgment of the reasons for sentencing under Article 32(1)1 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for the Dismissal of Application for Compensation, the fact that the defendant's mistake appears, the initial crime, the age, character and conduct of the defendant, and the circumstances after the crime, etc.