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(영문) 인천지방법원 2016.09.13 2016고단5202
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 00:55 on July 18, 2016, the Defendant obstructed the police officer’s legitimate execution of duties concerning the prevention and suppression of the crime by the police officer, such as taking the e-mail, and taking the e-mail into account the e-mail in front of the main point of “C” located in Nam-gu Incheon Metropolitan City, and doing a horse dispute. The police officer of the Incheon Southern Police Station D District, who was dispatched upon receipt of a report 112, attempted to stop the performance of duties with the Defendant. In doing so, the Defendant: (a) expressed that the police officer of the Seoul Southern Police Station D, who called “I have to go to governance”, “I have to go to go to do so; and (b) interfered with the police officer’s lawful performance of duties concerning the prevention and suppression of the crime.”

2. The Defendant damaged public goods by having a flagrant offender arrested at the same time, at the same place, to interfere with the performance of official duties, and had the F police patrol vehicle take the 79,893 won inside the back of the protocol, thereby damaging things used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written estimate of general repair expenses;

1. Photographs of the victim and patrol vehicle;

1. Application of CD-related Acts and subordinate statutes

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), and Article 141 (1) of the Criminal Act (the point of damaging goods for public use and the choice 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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that a mistake is recognized and reflected, the fact that there is no record of punishment for the same kind of crime, and the extent of damage to public goods is relatively minor);

1. The community service order under Article 62-2 of the Criminal Act;

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