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(영문) 인천지방법원 2018.07.19 2018고단505
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

around 09:40 on January 20, 2018, the Defendant 505 [Interference with the performance of official duties] was urged to return home from E (26 o) who was dispatched to the Incheon Southern Police Station D (26 o) by receiving the report of the above singing-up business operator, and then expressed E to E “this sing-out, bF-out, sing-out, dead sing-out, and sing-out,” “this sing-out, dead sing-out, and sing-out, this sing-out,” which read as “this sing-out, sing-out, and sing-out, sing-out,” which read as “this sing-out, sing-out, and sing-out.”

E refers to the expression that the defendant will not be expressed.

The warning defect caused her head at one time to buck E's right-hand buck, and assaulted E by breath’s hand.

In the process of arresting a flagrant offender under such suspicion as above, the Defendant continued to take several times in the process of arresting a flagrant offender, and continue to take a bath even after getting on the patrol vehicle, and committed violence by getting out of the patrol vehicle in front of the Incheon Southern-gu Incheon Southern Police Station D District Unit of the Incheon Southern-gu, Incheon, and then getting out of the said patrol vehicle and then getting out of the said patrol vehicle in front of the D District Unit of the Incheon Southern-gu Police Station.

As a result, the Defendant interfered with the legitimate execution of duties on the maintenance of public peace and order related to the handling of 112 reported cases by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A H statement;

1. On-site photographs and CCTV photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The pertinent Article of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts, the reasons for sentencing of the sentence of imprisonment [the scope of recommending] [the grounds for sentencing of the punishment of imprisonment] There is no person [the person who has been sentenced to special sentencing] in the basic area (six months to one year and six months) [the person who has been sentenced] [the person who has been sentenced to special sentencing]. The defendant has been sentenced to suspended sentence on the grounds that he had been sentenced several occasions of punishment for the same kind of crime before, interference with the execution of official duties in 2015, and was sentenced to a fine of ten million won as a crime of injury during the period of the suspended sentence, and a fine of seven million won as a crime of interference with the execution of official duties, and the probation observation is made by the Family Court.

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