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(영문) 인천지방법원 부천지원 2015.03.27 2015고단207
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a foreigner of Chinese nationality, on January 25, 2015, who was arrested as a flagrant offender due to the suspicion of deceiving a taxi fee in the street room located in Seocheon-gu, Seocheon-gu, Seocheon-si and was investigated by the Busan High Police Station and was released at around 08:40 on the same day.

On January 25, 2015, at around 09:40, the Defendant was drunk from the 311st floor of the 1st floor of the Bupyeong-si, Seocheon-si, Seocheon-gu, 01, the 84th floor of the 1st floor of the 1st floor police station located in Seocheon-si, Seocheon-si, the Defendant, who was in charge of the above police station, had a voice from the workers on duty of the above police station, such as “Aber chief is a police station, his father has been replaced,” and “a change in the vehicle fee,” and attempted to attempt to cut the table table in the place, and the police officer of the above police station and the victim D, who was in charge of the Defendant’s head, was subject to the victim’s face face.

Accordingly, the defendant interfered with the legitimate execution of official duties of the victim on the prevention and restraint of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an act of assaulting a police officer to perform official duties by finding the police station immediately after being investigated by the police station, and the nature of the crime is not good, but a judgment is made as ordered in consideration of all the circumstances, such as the confession and reflect of the crime, the fact that the crime is contingent, and the fact that the police officer does not heavy physical damage.

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