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(영문) 인천지방법원 2017.03.16 2017고단983
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 3, 2017, the Defendant damaged property: (a) around 03:25, on the ground that the victim D in Nam-gu Incheon Metropolitan City had the pents of the above parking lot walk the pents of the pents of the pents of the pents of the pents of the pents of the pents of the pents of the pents of the pents, and (b) caused the lower part of the pents to be damaged.

Accordingly, the defendant damaged the victim's property.

2. 공무집행 방해 피고인은 제 1 항 기재 일시, 장소에서, F 과 위와 같이 시비를 하던 중 112 신고를 받고 현장에 출동한 인천 남부 경찰서 G 파출소 소속 경찰관 H과 I이 피고인을 재물 손괴의 현행범으로 체포하려 하자, “야 이 땡 경 씨 발 놈 아 뭐 어쩌라 고.” 라는 등으로 욕설을 하면서 H의 얼굴 부위를 향해 침을 2회 뱉고, 발로 I의 하체 부위를 올려 차는 등 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to H, I, and D;

1. Application of internal investigation reports (on-site conditions, etc.) and statutes governing field photographs;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who interferes with the execution of public duties by mutual consent and by obstructing the performance of public duties by mutual consent and by committing a crime with heavier punishment);

1. Selection of each sentence of imprisonment;

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. Crimes 1 (Obstruction of Execution of Official Duties) for the reasons for sentencing under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing) (Article 62(1) of the suspended sentence (Article 62(1) of the Criminal Act, which have no basic area (six months to one year and six months) (the person who is subject to special sentencing) (Article 62(1) (the scope of recommended punishment) (Article 62(1) of the suspended sentence (Article 62 of the Criminal Act) (Article 62(1) (the scope of recommended punishment) (Article 62(1) (the scope of recommendation shall be one month to six months).

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