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(영문) 인천지방법원 2014.11.13 2014고단6340
공무집행방해
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[Criminal Power] On June 28, 2012, Defendant A was sentenced to one year and six months of imprisonment for a violation of the Toxic Chemicals Control Act, and the medical treatment and custody was transferred to the Incheon Detention Center on July 16, 2012. On December 2, 2013, Defendant A completed the execution of the sentence after having been released from the Public Medical Treatment and Custody Center on the ground of provisional termination by the Public Medical and Custody Center.

【Criminal Facts】

1. At around 14:30 on September 5, 2014, the Defendant: (a) took a bath to the above D without any justifiable reason while drunking the report by the police officer D, who was a police officer belonging to the Incheon Bupyeong Police Station, dispatched to the scene after having received the Defendant’s 112 report; and (b) took a bath to the said D with a large amount of breath, “sing off the parts of the said D with his hand; and (c) prevented the Defendant from taking the said D’s gun away from his gun; and (d) obstructed the police officer’s legitimate performance of duties concerning the police officer’s on-site traveling operation, etc. by assaulting the B’s bridge by walking it once.

2. Defendant B, at the time and place indicated in paragraph 1, committed assault, such as whether the police officer, who was a police officer belonging to the Incheon Bupyeong Police Station, arrested Defendant B as a flagrant offender, thereby obstructing the police officer’s legitimate performance of duties concerning the on-site movement of the police officer, etc. on the ground that the police officer, who obstructed the police officer’s performance of duties as seen above, arrested Defendant B as a flagrant offender.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of witness E;

1. A protocol concerning the examination of suspect concerning the defendant B by the prosecution;

1. Statement of each police statement of D and E;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), and application of Acts and subordinate statutes;

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

1. Aggravation for repeated crimes;

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