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(영문) 인천지방법원 2020.01.23 2019고단7650
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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. On October 15, 2019, at around 01:59, the Defendant was able to find a mobile phone that the Defendant lost because he met with the police officers E (54 years old), F (27 years old), patrolmen (26 years old), and G (26 years old), etc., who were the police officers of the Incheon Bupyeong-gu, Bupyeong-gu, Incheon, by reporting that the drunk person fright at the main points of the trade name “C” located in the Bupyeong-gu, Incheon, Bupyeong-gu. In order to find out the mobile phone that the Defendant lost, such as the Defendant, the police officers became the house of the Defendant located in H in the Bupyeong-gu, Incheon.

In addition, when the defendant found a mobile phone at the defendant's home, he was guilty of his fraud in the past while under the influence of alcohol, the defendant shacked the above G's right shoulder, shacked the above E's face, and shicked the above F's face.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of police officers' property.

2. On October 15, 2019, the second criminal defendant was arrested as a flagrant offender committing a crime of obstruction of the performance of official duties, such as the statement in paragraph (1), and was in the office of the Incheon Bupyeong-gu Incheon Bupyeong Police Station I located in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, and tried to escape from the military room because the defendant thought that the defendant was genuine, and tried to escape from the military room, she saw him/her as a son, and tried to escape from the military room, and the police officer of the above police station I, who was a police officer of the I of the police station I, she saw him/her as a breath of the J (year

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, J and G;

1. A statement prepared by K;

1. Each investigation report (No. 10, 11, and 19 No. 19 of the evidence list);

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. The Criminal Act, the suspension of execution;

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