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(영문) 인천지방법원 2014.11.27 2014고단7476
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. 공무집행방해, 상해 피고인은 2014. 08. 19. 22:00경 인천 남동구 B, C주점 앞 노상에서 그곳을 지나는 행인들을 상대로 욕설, 시비를 하던 중 "술먹은 사람이 시비하고 있다"라는 112신고를 받고 출동한 인천남동경찰서 D지구대 소속 경위 E, 순경 F로부터 제지를 당하자 이에 화가 나 주먹으로 위 F의 턱을 때리고, 이에 위 E으로 부터 재차 제지를 당하자 주먹으로 위 E의 낭심을 때리고 발로 E의 정강이를 발로 걷어찼다.

As a result, the defendant interfered with police officers' duties concerning the prevention and investigation of crimes, and at the same time, the victim E has left the right side of the days of treatment, and the victim F has left the side of the days of treatment.

2. The Defendant: (a) was arrested as a flagrant offender under suspicion of obstruction of the performance of official duties, such as Paragraph (1) of the same day; (b) around 22:10 of the same day, the Defendant: (c) left a computer monitor being used by a police officer on his/her hand without any justifiable reason while being brought in the D Zone G located in Nam-gu Incheon Metropolitan City, Nam-gu; and (d) made it difficult to view the

Accordingly, the defendant has harmed the utility of goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A copy of a computer monitoring photograph, a photograph of damaged part of the body of the victim, a photograph of work in the D District, a statement of opinion, and a copy of a CCTV image damaged by a suspect for public use in the D District by putting the suspect out of the floor;

1. Application of Acts and subordinate statutes to investigation reports (case of oral statements made by shots);

1. Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 141 (1) of the Criminal Act, as to the facts of the crime concerned (a point of obstructing performance of official duties), Article 136 (1) of the Criminal Act (a point of damaging goods for public use);

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. Suspension of execution;

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