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(영문) 인천지방법원 2020.06.25 2019고단9600
공무집행방해
Text

A defendant shall be punished by imprisonment for 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

At around 13:00 on September 14, 2019, the Defendant, at the front of the Bupyeong-gu Incheon Bupyeong-gu B apartment, issued a request for identification by the police officer D to whom he belongs to the Incheon Yongsan Police Station C commander of the Incheon Yongsan Police Station C commander, who was in contact with other female customers and was reported by indecent act, and called to the site on the part of the Defendant at a convenience store, was informed of the identity of the Defendant. The Defendant was requested by the police officer D to confirm his identity “I want to see if you are equal, you will see what you will see. I can do so. The head of E head of E well-known. The inside of the Republic of Korea well-known. The Defendant made a threat that the Defendant would die at a convenience store, and was reported by indecent act by force.” In addition, the Defendant became her head at one time and 2 times.

To the assistant F of a police box to which he continued to leave the police box and restrain the Defendant from the patrol box, “packer shall write this son. The place where she works shall be found and thrown away after 30 minutes. He may die and thrown away within this time. We may die. The inside this time. The inside of the police box may be dead. The inside of the police box, “I will die and thrown away after she knows the head of the Eth before the towing and the head of the bat office.” The inside of the police box, the bat of the above police box, at his hand, was taken up once in his hand.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the dispatch of 112 reported police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, D, and F;

1. Application of Acts and subordinate statutes on internal investigation reports (in the field CCTV attachment-H convenience store);

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, 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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

2. Determination of sentence: The State's public authority to assault police officers who perform legitimate duties for a year of suspension of execution of six months;

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