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Reasons
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(영문) 인천지방법원 2018.02.13 2017고단6885
공무집행방해등
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 August 24, 2017, at around 21:30, the Defendant attempted to withdraw cash by putting the cash card which was suspended and could not be used by D Newcom 365, located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, into a ATM machine. However, cash card does not run in cash and cash card was installed in a ATM machine due to the erroneous operation of ATM, and one twitphone, which is the market price owned by the victim, was destroyed by destroying the part of the twitphone.

2. The Defendant interfered with the performance of official duties was arrested in the act of committing an act of crime from F of the police box belonging to the Incheon Bupyeong Police Station E box, who was dispatched to the 112 report at the time and place specified in paragraph 1, F of the Incheon Bupyeong Police Station E box, and G of the circumstances, to the charge of property damage.

D. D. D. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B., B. B. B. B. B.

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

3. No one shall transfer or take over any access medium unless otherwise specifically provided for in other Acts in using and managing the access medium;

From July 2017 to August 2017, the Defendant transferred a physical card linked to the new bank account (H) in the name of the Defendant using Kwikset Services to Kwikset and transferred a medium of access to electronic financial transactions by informing Kwikset service engineers of passwords.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, I, and J;

1. Requests for the provision of financial transaction information;

1. A detailed statement of entry and withdrawal;

1. Application of the Acts and subordinate statutes of each photograph and CCTV image;

1. Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and Article 49 of the Electronic Financial Transactions Act.

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