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(영문) 인천지방법원 부천지원 2018.11.16 2018고단1563
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 12, 2018, at around 06:35, the Defendant obstructed the performance of official duties, after receiving a report from the Defendant on the street B in front of Seocheon-si, Seocheon-si, B, on the 112th century, that the Defendant drinked to the site, and sent to the site, the Defendant assaulted the police officer slope D belonging to the Seocheon-gu Police Station C District Unit of the Gyeonggi-gu, Seocheon-gu, Police Station C, who called “I met only, I wish to enter the house,” and assaulted the parts of the clothes of the said D one time in drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

2. The Defendant: (a) was arrested as a current offender on the date and time set forth in paragraph (1) at a place and on the suspicion of interference with the performance of official duties; (b) removed a small wave, which is an object used by a public office established at the office, without any justifiable reason, while waiting in the office of the Gyeonggi-do Police Station type of the Gyeonggi-do Fire Station; (c) thereby damaging the repair cost of KRW 300,000 so that it would be damaged.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Each statement of the F;

1. Books of report and settlement of 112 cases;

1. The application of Acts and subordinate statutes to photographs, extract videos that obstruct the performance of public duties, or extract videos damaged by public goods;

1. Relevant legal provisions of the Criminal Act, Articles 141(1) (a) and 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentence 1: (a) Articles 44-2 subparag. 1 and 24-2 subparag. 2, 24-2, and 2-3 subparag. 2, and Article 62-2 of the Criminal Act (which means that a defendant has a habiting habiting alcohol, needs to receive hospital treatment accordingly, and the risk of recidivism is recognized) of the Act on the Medical Care, Care, Custody, etc. of the Order to Protective Observe the legitimate exercise of public authority; and (b) Article 62-2 of the Criminal Act requires strict punishment as an act detrimental to the State’s legal order.

The defendant recognized each of the crimes of this case, and the defendant was damaged.

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