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(영문) 인천지방법원 2016.07.13 2016고단2660
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized Rolusium (No. 1) shall be confiscated from the defendant.

Reasons

Punishment of the crime

The Defendant was sentenced to eight months of imprisonment by the Incheon District Court on May 15, 2015 and completed the execution of official duties on May 27, 2015.

1. Around May 7, 2016, the Defendant damaged the above iron door so that the amount of the repair estimate can be increased by 30 minutes using the yellow d's grasium ( length 67cm, glusium glusium), which is a dangerous object, on the ground that drinking is bad in front of 206, Dong-gu, Incheon, Dong-gu, Incheon, Dong-gu, 1, 2016, using the yellow glusium (i.e., 67cm in length, glusium glusium).

2. On May 7, 2016, at around 20:45 around 20:45, the Defendant, at the Defendant’s house No. 1 and 205, was accompanied by a house with a yellow dust, which is a dangerous object as seen earlier, at the Defendant’s house No. 1 and 205, and received a report on the fact of damage as referred to in paragraph 1, was notified several times to the police officer assigned to the police box of the Jung-gu Incheon Jung-gu Police Station Epicing Police Station, who was called out after receiving a report. However, the Defendant, without leaving the house, went to the police officer in a more interesting state, and carried out the above No. 5 minutes.

Accordingly, the Defendant, using dangerous objects, obstructed the legitimate performance of official duties concerning the investigation of crimes F, G and H by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Written statements prepared in D;

1. A protocol of seizure and a list of seizure;

1. The status of individual confinement/Admittance, and the application of judgment-making statutes;

1. Articles 144(1), 136(1) (the point of obstructing the performance of special duties), 369(1), and 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of special duties);

1. Selection of each sentence of imprisonment;

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

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. Confiscation of the Criminal Act;

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