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(영문) 인천지방법원 부천지원 2018.11.22 2018고단2540
공무집행방해
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

Defendant has no fixed occupation.

On August 5, 2018, the Defendant: (a) around Kimpo-si, Kimpo-si, (b) 7, (c) in front of the Sinpo-si, and (d) in front of the Sinpo-si, Sin-si, Kimpo-si, (b) in front of the Sinpo-si, and (c) in front of the Sinpo-si,

The Defendant stated in the written indictment of a police officer who intends to receive other 112 reports, such as smuggling’s confidentiality, in his/her hand, when he/she received a report and received a report from the Defendant and the taxi engineer, he/she heard the report from the Defendant and the taxi engineer, and then the Defendant, instead of receiving a charge, recommended the Defendant to return home using another taxi, and resisting him/her to this, and the Defendant resisted by hand. However, the written indictment by the Defendant is not sufficient to specify any other police officer other than C, but the written indictment is corrected to “police officer” ex officio by deeming it as a simple clerical error.

In order to prevent him from getting off the patrol vehicle, he delayed the dispatch between 20 minutes by placing his hand on the window of the patrol vehicle and preventing the patrol vehicle from departing.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers in the process of reporting 112 without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A criminal investigation report (STV image verification);

1. The report processing statement of 112 by each police box;

1. A police box shall be assigned to the police station B;

1. Application of the Acts and subordinate statutes concerning CCTV images-fashion photographs;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] There is no basic area (from June to one year and six months) (the person subject to special sentencing) [the sentence] unfavorable circumstances: the defendant interfered with the legitimate execution of duties by police officers, thereby preventing police officers from dealing with other 112 reported cases.

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