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(영문) 인천지방법원 2015.03.26 2015고단881
공무집행방해등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 2,00,000 won.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

1. Defendant A

A. On February 16, 2015, from around 04:00 to 06:00, the Defendant interfered with the business of the victim E management in Gyeyang-gu in Incheon Gyeyang-gu, the Defendant interfered with the victim’s business by force by force force, which affected the victim’s business of management of the victim E, on the ground that the victim met while being under the influence of alcohol and sexually disputing with the East Dong G, he was drinking.

나. 공무집행방해 피고인은 같은 날 06:00경 위 ‘F해장국집’에서, 112 신고를 받고 출동한 인천계양경찰서 H파출소 소속 경위 I과 경사 J이 위와 같이 업무를 방해한 현행범으로 피고인을 체포하려고 한다는 이유로, 위 J 등에게 “이 짭새 새끼들”이라고 욕설을 하고 발로 위 J의 허벅지 부위를 걷어 차는 등 경찰관 J의 현행범 체포에 관한 정당한 직무집행을 방해하였다.

2. Defendant B, at the same time and place as above 1-B, and on the grounds that the aboveJ, etc. tried to arrest the above A as an offender in the act of committing an act of committing an act of committing an offense, Defendant B obstructed the police officer’s legitimate performance of duties regarding the arrest of a flagrant offender in the act of committing an act of committing an offense, such as bringing the saidJ, etc. to the saidJ, etc. “this son,” and bringing the saidJ,

Summary of Evidence

1. Defendants’ respective legal statements

1. The prosecutor's statement to K;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes to E written statements;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314(1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively.

B. Defendant B: Article 136(1) of the Criminal Act; selection of fines

1. Defendant A from among concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

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