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(영문) 인천지방법원 부천지원 2019.05.29 2019고단754
공무집행방해
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 피고인은 2019. 2. 21. 20:45경 부천시 B에 있는 C지구대에서 조사를 위해 피의자 대기석에 앉아있던 중 갑자기 경찰관들에게 “개새끼야”라고 욕설을 하였고 이에 함께 대기 중이던 피고인의 지인인 D이 피고인에게 “조용히 하고 경찰관들에게 사과해라”고 말하여 다툼이 생겼고, 이에 위 지구대 소속의 경사 E이 피고인과 D을 분리하려고 하였다는 이유로 위 E의 왼쪽 다리를 발로 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties for police officers' criminal investigations.

2. On February 21, 2019, around 22:15, the Defendant was arrested as a flagrant offender for the crime of obstruction of performance of official duties as stipulated in paragraph (1) at F of the Bupyeong-si Police Station F and its office located in Seocheon-si, Seocheon-si, 631, and transferred to F, and subsequently requested the Defendant to enter the Defendant’s seat at the seat of the suspect. On the ground that G of the above police station demanded that the Defendant enter the seat of the suspect, the Defendant was taken once a week.

Accordingly, the defendant interfered with legitimate execution of duties for police officers' criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Each police investigation report;

1. A copy of the letter of arrest of a flagrant offender, and a copy of each public official certificate;

1. Application of the Acts and subordinate statutes to photographs by capturing the video;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution is that the crime of obstruction of performance of official duties needs to be strictly punished as acts that circumvent the legitimate exercise of public authority and undermine the function of

In this case, the defendant assaults a police officer in the earth area, thereby arresting a flagrant offender, and even after moving to a police station, the crime is not good.

Defendant is related to violence.

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