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(영문) 인천지방법원 2018.03.29 2017고단4616
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Around May 30, 2017, the Defendant: (a) reported 112 on the front of a sampling park located in 37-7, 49 p.m., Seopo-gu Incheon, Seopo-gu, Incheon, at around 21:10, on the road in front of the sampling Park, “I am off and shaking off,” and sent to the site after being reported 112, “I am asked a private person C about his/her personal information; (b) during the border border belonging to the Incheon Bupyeong-gu, Incheon, Seopo Police Zone B, the Defendant was asked by the private person C about his/her personal information; and (c) during his/her surveillance, the victim “N am police”

Along with garbage, she was flick, she was flick, Sick, Sick, Sick, Sick.

Accordingly, the defendant openly insultingd the victim.

2. The Defendant obstructed the performance of official duties at the same date and time as paragraph 1, and at the same place as that of paragraph 1, the Defendant attempted to arrest the Party E as a current offender of the offense of insult against C by the Gyeong-gu Incheon Bupyeong Police Station B, and the Gyeong-gu Party E, such as the Gyeong-gu, Incheon, as well as the Gyeong-gu, in a place where the Defendant attempted to arrest the Party E as the offender of the offense of insult against C under paragraph 1. D, “This rings, i.e., as soon as possible, once the left top of the D, and gam the face of E to restrain it.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression, investigation, etc. of crimes.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A petition for accusation and photographs of victims;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 311 of the Criminal Act applicable to the facts constituting an offense (a point of insult) and Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties);

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

1. Selection of each sentence 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. Article 62(1) of the Criminal Act provides that a crime of interference with the execution of official duties on the grounds of sentencing under Article 62(1) requires strict punishment for a crime detrimental to the function of the State by nullifying the legitimate exercise of public authority. However, the defendant's mistake while committing the instant crime is divided, and the defendant has no criminal record of the same kind and imprisonment without prison labor or more.

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