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(영문) 인천지방법원 2013.04.11 2013고단789
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On September 12, 2012, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on September 12, 2012, and is currently under suspended sentence, which became final and conclusive on September 20, 2012.

【Criminal Facts】

1. On February 4, 2013, at around 21:30, the Defendant was recommended from the head F of the police station in the Yeonsu-gu Incheon training police station E zone, who was dispatched after receiving a report of 112 at the D hotel parking lot located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, to leave the pedal and return home.

When the Defendant received a solicitation for returning home from F, as seen above, the Defendant: (a) sounded “chropos, fluor, fluor, fluor, fluor, fluor, fluor, fluor of a bitch; (b) fluor, fluor of a bitch, fluor of a bitch; and (c) fluor of a F, fluor of a brush

Accordingly, the above defendant interfered with legitimate execution of duties concerning crime prevention and investigation by police officers.

2. 피고인은 위와 같이 공무집행방해의 현행범으로 체포된 후 2013. 2. 4. 22:50경 인천 연수구 원인재로 138에 있는 인천 연수경찰서 형사당직실에서 피고인의 신병을 인계하던 연수경찰서 E지구대 소속 경위인 피해자 G(46세)의 정강이를 발로 2회 걷어찼다.

As a result, the defendant interfered with legitimate execution of duties concerning crime prevention and investigation by police officers, and at the same time, failed to identify the number of days of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. The police statement concerning F;

1. Investigation report (act after going through the police station of the suspect), investigation report (the phone investigation of a person for reference);

1. Bodily damaged photo;

1. Previous convictions in judgment: The application of criminal records, inquiry into criminal records, etc. and Acts and subordinate statutes governing investigation reports;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1.Paragraph 2 of article 40 and article 50 of the Criminal Code of the Trade Union.

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