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인천지방법원 2017.02.08 2016고단8611

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

(e).

Reasons

Punishment of the crime

1. On December 9, 2016, around 01:30, the Defendant: (a) received a report from the Nam-gu Incheon, Nam-gu, Incheon, on the 35 terminal street street; and (b) served as a 112 report, that “a taxi engineer is assaulted; (c) the background D, who was dispatched to the site, attempted to arrest the Defendant as a flagrant offender in the suspicion of assault; (d) opened up the floor by walking the bridge of the Incheon Southern Police Station C, thereby putting the Defendant over the floor; and (d) opened the bucks of D by asking the bucks of D.

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

2. On December 9, 2016, the Defendant: (a) committed assault on the part dismissing the prosecution below; (b) arrested as an act of interference with the performance of official duties; and (c) brought in to the Seoul Southern-gu Incheon Southern Police Station C District Unit of the Incheon Southern-gu Police Station; (d) took the police officer’s bath without any justifiable reason; (b) damaged the entrance’s hand-off, etc. by taking the entrance door of the said party’s small conference room installed at the body of the dong-dong while getting out of the dong-dong; and (c) damaged the entrance and the small wave by putting the small wave in his/her hand and walking the front door by walking, thereby damaging the said entrance and the small wave in total amount of KRW 260,000,00.

Accordingly, the defendant has harmed the utility of the articles used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. The photograph of damage, the photograph of the damaged object, and the written estimate;

1. Application of Acts and subordinate statutes to a report on investigation (Securing and analyzing global CCTV images);

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Obstruction of Performance of Official Duties), Article 141(1) of the Criminal Act (damage to Public Goods) and the choice of imprisonment with prison labor, respectively;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing Criteria (the scope of final sentence due to the aggravation of multiple offenses): Each basic area that interferes with the performance of public duties in June to February and that of invalidation of public goods;

2. This.