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(영문) 인천지방법원 2019.07.25 2019고단3781
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 17, 2019, the Defendant: (a) around 20:35, at the “C” restaurant located in Michuhol-gu Incheon, Michuhol-gu, Incheon; (b) at around 112, the Defendant, who was drunked, recommended a police officer, who was a police officer belonging to the Incheon Michuhol-gu Police Station D District Unit, who was dispatched to the site after receiving a report of 112, to return home; (c) on his hand, the Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of the 112 Report, by keeping the chest of the police officer at the bar and gathering gas burner at the bar, etc. of the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. Application of statutes on site photographs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act has history of punishment several times for various crimes, but the obstruction of performance

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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