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(영문) 인천지방법원 2019.08.14 2019고단4201
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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. When the Defendant was partly acquitted of the perpetrator in the criminal case in which he was injured, and sentenced to a sentence lower than the judgment of the first instance court, the Defendant was dissatisfied with the court and the prosecutor’s office on May 5, 2019. On May 5, 2019, at the beginning of the Incheon District Public Prosecutor’s Office located 49, 163-ro, Michuhol-gu, Incheon, Michuhol-gu, Incheon, Seoul, the Defendant: (a) caused suicide to the police assigned for special guard who was on duty and was working on duty after having laid the portrait window at hand; and (b) caused suicide to the police assigned for special guard who was serving on duty. If the prosecutor did not take charge of the case in question, he would go against it more frequently; and (c) from that time, the Defendant sent the front door of the Incheon Public Prosecutor’s Office and the first floor door of the Seoul Public Prosecutor’s main office to 202:53 of the same day, thereby hindering the legitimate execution of the duty of the police assigned for special guard.

2. The Defendant intruded into the above date, time, place, and the restraint of the police assigned for special guard B, and intruded into the Incheon District Prosecutors’ Office, which is a structure, such as entering the said 112 room without permission during the report of the above B, and entering the said 1st century, and entering the front door of the 1st century beyond the access control line.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. CCTV photographs, details of processing the 112-reported cases, and application of Acts and subordinate statutes to investigation reports (report on the analysis of CCTV by time zone in front of the door);

1. Relevant Article 136(1) of the Criminal Act, Article 319(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment for a crime;

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. In light of the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act and the circumstances and contents of each of the instant crimes, the Defendant’s liability for the crime is not somewhat weak, and the charges of obstruction of performance of official duties were punished twice.

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