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(영문) 인천지방법원 2018.09.20 2018고단5004
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 29, 2016, the Defendant was sentenced to six months of imprisonment by the Incheon District Court due to a crime of damaging public goods, etc., and completed the execution of the sentence on July 30, 2016.

1. On June 30, 2018, the Defendant interfered with the performance of official duties: (a) around 23:00 on June 30, 2018, “D cafeteria” in front of “D cafeteria” located in Nam-gu Incheon Metropolitan City, Namdong-gu, Incheon, which received a 112 report, and asked questions of the circumstances of the instant case from the head F of the police station affiliated with the Nam-gu, Incheon, Seoul, Police Station E District; and (b) “Saf and rash, saf, saf, and saf, dead.”

“A person who takes a bath in a large sound, and who assaults F with his right hand, etc. at the right right hand, etc., such as at least once.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

2. On July 1, 2018, around 01:10 on July 1, 2018, the Defendant: (a) arrested a person in the act of committing an act of committing an act in the line of duty in the Incheon Southern-dong Police Station located in 668, the Namdong-dong, Incheon, and the office of duty in the office of the performance of official duties; and (b) assaulted the police officer belonging to the said police station by reporting H to the G belt affiliated with the said police station in order to hand over investigation-related documents.

Accordingly, the defendant interfered with legitimate execution of duties concerning the transfer of documents related to criminal investigation by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. A report on investigation (a case of suspect's speech and behavior);

1. Details of the report of the 112 case;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, results of the search of prisoners, and Acts and subordinate statutes to report criminal investigations (verification of repeated crimes);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) in the basic area (six months to one year and six months) (a person who is subject to special sentencing) of the first offense (the scope of a recommended punishment).

2. The second offence.

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