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(영문) 인천지방법원 2019.06.20 2019고단2648
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

피고인은 2019. 3. 7. 22:55경 인천 남동구 B아파트 C동 앞 주차장에서, “술 취한 사람이 쓰러져있다”라는 112신고를 받고 출동한 인천논현경찰서 생활안전과 D지구대 소속 순경 E으로부터 귀가할 것을 요구받자, 위 E에게 “씨발 새끼들!”, “알아서 찾아서 데려다줘!”라고 욕설을 하면서 손으로 위 E의 몸을 밀치고, 팔꿈치로 위 E 가슴을 1회 쳐 폭행한 후, 위 E이 계속해서 귀가를 종용하자 욕설을 하면서 다시 손으로 위 E의 몸을 밀치고, 인중을 1회 때려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of report cases and the maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes concerning investigation reports (verification of field photographing images), on-site photographing images, and photographing photographs;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months;

2. After receiving a report of 112 on the sentence of sentence, the police officers, who were called out, sent to the police, failed to perform their official duties by assaulting the police officers, such as continuing to walk up trial expenses, desireing, and booming up face, etc., and continued to take a bath within the earth after arresting the police officer as a flagrant offender.

In light of the circumstances and contents of the crime, not only the liability for the crime but also the interference with the restaurant business.

A fine of 2017 shall be imposed for a crime of insult committed by a police officer who was dispatched.

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