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(영문) 인천지방법원 2015.04.29 2015고단1111
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 15, 2015, at around 13:45, the Defendant: (a) had been in the front of a vehicle driven by E, under the influence of alcohol in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) had threatened E while taking a bath. Upon receiving 112 report, the Defendant attempted to arrest the Defendant as a flagrant offender by police officers G and police officers assigned to the F police box dispatched to the site after receiving the 112 report, and H tried to arrest the Defendant as a flagrant offender of intimidation.

Accordingly, the Defendant expressed his words to G and the National Police Agency. The Defendant: (a) threatened G, “I am friend, I am friend, I am friend, and the police are friend; (b) this friend, where I am Mana, I am am Mana, I am am Mana, I am am me in the face of G; and (c) assaulted G on the right side of G at 1-2 times.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, and the choice of imprisonment ( relatively heavy of the attitude of committing the crime);

1. Article 62 (1) of the Criminal Act on the stay of execution (to take into account the fact that the defendant has a family member to support the defendant, two times prior to a fine of 1999, and two times prior to the age of 68);

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