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(영문) 인천지방법원 부천지원 2015.03.27 2015고단127
공무집행방해
Text

Defendants shall be punished by imprisonment for four months.

However, for one year from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

1. On November 24, 2014, at around 02:05, the Defendant: (a) reported on the street in front of the “D” restaurant located in Seocheon-si, Seocheon-si; and (b) reported on the 112 report that “AF affiliated with the Kumi Police Station E zone, who called the Defendant, demanded a driver of a vehicle driving the Defendant to take a drinking test; and (c) taken the cell phone as a cell phone, the Defendant expressed the desire to “this son who is not a driver driving the vehicle driving the driver driving the driver driving the vehicle, and should have been able to grow up because it is not a drinking driver driving the driver driving the driver driving the vehicle, and obstructed the police officer’s performance of duties regarding the handling of the report and the measurement of drinking in this case.”

2. Defendant B expressed, on November 24, 2014, at around 02:07, the place indicated in paragraph (1), and on the same grounds as indicated in paragraph (1), Defendant F expressed to the police officer F that “the head of the F F F F F F F F F F F, who was boomed into his chest, shall be treated as having complied with the police officer’s legitimate performance of duties concerning the handling of reported cases and the measurement of drinking alcohol.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of G, H and I;

1. Application of Acts and subordinate statutes to investigation reports (Fixture);

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Article 136(1) of the Criminal Act; the choice of imprisonment

1. Defendants subject to suspended execution: Article 62 (1) of the Criminal Act (the act of assaulting police officers who execute public duties is not good, but the nature of the crime is poor, but confession and reflects the crime, contingent crimes, and considering all the circumstances such as the defendants' criminal records of the same kind);

1. Defendants of the community service order: Article 62-2 of the Criminal Act

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