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(영문) 인천지방법원 2016.04.22 2016고단1590
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On February 2, 2016, the Defendant interfered with the performance of official duties, on the grounds that the Defendant fighting of the couple on the front of the Seo-gu Incheon building, Seo-gu, Incheon, was fighting on the front of the Seo-gu, Incheon, Seo-gu, Incheon, and went off the front of the patrol vehicle belonging to the police station patrol vehicle belonging to the Incheon, Seo-gu, Incheon (No. 12) and was in possession of the patrol vehicle (No. 12), set off the glass of the patrol vehicle in front of the patrol vehicle, and prevented the Defendant from acting in the patrol vehicle by slope D and E while getting off from the patrol vehicle.

Before making a bath for “Ig, Ig, Ig this son”, “Igh, Ighn”, the bat of E, and the bat of E with his hand, bat of E, and fat of E with his hand, fat of E, and fat of a slope D.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of order such as patrol duty of police officers.

2. On February 2, 2016, the Defendant, who violated the Punishment of Minor Offenses Act, was arrested in flagrant offenders due to interference with the performance of official duties, such as Paragraph 1, around 00:30 on February 2, 2016, sent to 112 text messages containing the Defendant’s cell phone that read “jacking” using the Defendant’s cell phone while being detained in the Incheon Western Police Station and the watchkeeping room.

As a result, the Defendant reported a false crime to a public official.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Notifying departments related to the 112 report of the case and verifying text messages;

1. Application of Acts and subordinate statutes to the internal report (CCTV image and analysis);

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 3 (3) 2 of the Punishment of Minor Offenses Act (the point of false reporting) of the same Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Determination of a fine for a violation of the Punishment of Minor Offenses Act against a violation of imprisonment with prison labor, and a violation of the Punishment of Minor Offenses Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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