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(영문) 인천지방법원 2018.09.13 2018고단4444
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 20, 2018, at around 00:53, the Defendant made a public insult of the victim by openly insulting the victim by taking into account the following questions: (a) on the front of the Incheon Bupyeong-gu, Incheon, by having received a report from the victim D, the developments leading to the assignment of the C District District, who was dispatched to question whether he/she opened the second floor door for any reason; (b) having been asked by the victim D, E, etc., of whether the victim was dispatched.

2. The Defendant, at the time, at the place specified in paragraph 1, was aware that he could be arrested when she takes a bath to a police officer who performs legitimate duties from C District Guard D, without any justifiable reason, at the time and place, and continued to talk with the police officer, such as “Chewing, cut, and cut.” In addition, the Defendant, at the time and place specified in paragraph 1, assaulted the police officer on several occasions.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the dispatch of report 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The mitigated area of Category 1 (Obstruction of Performance of Official Duties and Compelling of Duties) [1-8 months] In the case where the degree of obstruction of violence, intimidation, deceptive scheme, or public duty is minor [the criteria for multiple crimes] as to the crime of obstruction of performance of the above public duties and the crime of insult in concurrent crimes under the former part of Article 37 of the Criminal Act, on the grounds that the sentencing criteria is not set, the lower limit is based on the sentencing criteria for the crime of obstruction of performance of the above public duties for which the sentencing criteria are set.

[Judgment of sentence] The crime of this case is a crime that interferes with the exercise of public authority by assaulting a police officer on duty.

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