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(영문) 인천지방법원 2014.10.23 2014고단5881
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. On June 27, 2014, the Defendant: (a) received contact by C, who is a workplace guard, to cause a traffic accident while driving under the influence of alcohol, and was searched at the Incheon Gyeyang Police Station’s Office of Traffic Survey on the 68th-ro Incheon Gyeyang-gu, Incheon Gyeyang-gu, Incheon, Gyeyang-gu, and had several names, such as the victim E, who is a police officer belonging to the said police station, read as “the victim E, who is a police officer belonging to the said police station, shall be in accordance with the self-fluence method; (b) the thickness of the balp, the balp, the balp, and the balp, and the balp, the balp shall be raised; and (c) the victim shall be openly insulting.”

2. The Defendant engaged in obstruction of performance of official duties at the above date, time, and place as mentioned in the preceding paragraph, and carried out two times the victim’s body by carrying out an interview with the F slope belonging to the said police station that “I may continue to take a bath and arrest him as an flagrant offender if I interfere with his duties.”

As a result, the defendant interfered with legitimate execution of duties concerning criminal investigations by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to G, F, E, and D;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The scope of punishment for obstruction of performance of official duties (in the event that the degree of violence, intimidation, and deceptive scheme is minor, the sentencing guidelines are not set. As the crime of insult is not set, the minimum limit of the above sentencing range is applied [decision of sentence], but the fact that the crime is recognized as a crime, and drinking records are divided.

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