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(영문) 인천지방법원 2015.02.26 2015고단178
공무집행방해등
Text

A defendant shall be punished by imprisonment for 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

1. The charges were appropriately revised to the extent that it does not interfere with the Defendant’s right of defense for obstruction of performance of official duties.

At around 03:00 on January 11, 2015, the Defendant: (a) performed drinking to the E box located in Incheon Southern-gu, Incheon; (b) performed drinking to the police officer affiliated with the Incheon Southern-gu Police Station E box, where the police officer performed his duty, on the ground that the police officer was disregarding the Defendant’s demand that “drawing juveniles leading to smoking tobacco,” and (c) carried out a attack, i.e., the Defendant f., “h., f., g., f., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g.,

At around 06:00 on the same day, even though the Defendant had taken measures for returning home by police officers two times more than three hours from that time, the Defendant, at around 06:00 on the same day, arrested the police officer in the instant police box before the front of the police box where she was locked,” or by threateninging the police officer in the instant police box at present.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers in the police box.

2. At around 06:00 on January 11, 2015, the Defendant damaged public goods, on the ground that police officers, at the above police box, were not locked and opened the entrance, and the entrance door was cut off and the automatic locking system installed at the entrance was installed by walking so far so far as the police officers could not open the entrance.

Accordingly, the Defendant damaged the entrances used by public offices to cover 50,000 won for repairing costs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Investigation report (F telephone statement hearing);

1. Each photograph;

1. Application of the written estimate statutes;

1. Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 141 of the Criminal Act concerning criminal facts.

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