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(영문) 인천지방법원 부천지원 2017.09.28 2017고단1912
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 29, 2017, at around 02:40 on June 29, 2017, the Defendant interfered with the performance of official duties, shall do so to C, a policeman belonging to the Incheon Southern-dong Police Station B District, who controlled vehicle traffic in front of the National Bank located in the south-gu Incheon Metropolitan City, Southern-gu, Incheon, 61.

Whether they are sent as soon as possible.

The defect of the phrase “A” and the above C entered the Defendant’s house as soon as possible.

Despite the recommendation of “,” the said C and the driver of the traffic control vehicle committed assault, such as cutting down the above C, which is carrying out the duty of control by shouldering with the driver of the traffic control vehicle, and obstructing the progress of the patrol vehicle by taking the chief hand of the patrol vehicle, which is proceeding after preparing a notice of payment of the penalty.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control.

2. The Defendant publicly insultd the victim D, a member of the Namdong Police Station B District of Incheon Southern Police Station, who is the police officer of the East Eastern Police Station, with the large interest of “Yeman Mae Ma, E, a witness, etc., who is the police officer of the Eastern Police Station” at the time and at the place specified in paragraph 1, stating that “Ie Mae Mae Ma, E, a witness, etc., should do so.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Investigation report (to hear statements by sphos telephone);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. All circumstances, such as the violation of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the absence of the same criminal records, the degree of violence, and the circumstances after the crime, shall be considered.

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