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(영문) 인천지방법원 2017.03.23 2016고단8985
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On October 11, 2016, the Defendant interfered with the performance of official duties, at around 03:00, when he/she faces the face of Defendant E, who is the Defendant’s driver, in a singing practice place, “D” located in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, caused disputes with E, and the proprietor of a singing practice place speaks for it, and subsequently, the Defendant filed 112 reports via the private guard of the singing practice place.

As a result, the Defendant was requested to return home separately from G, G, H, and slope I belonging to the F District of the F District of the F District of the F District of the Republic of Korea, and the Defendant was able to see G’s face by hand, and was on the side.

At the time of the removal from H, the body of H was pushed down with the upper body of H, and continued to be removed from I, and I was pushed down with the her chest by hand, and the wall was faced with the wall.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

2. The Defendant: (a) expressed that the police officers dispatched to the scene upon receipt of a report on the date and time set forth in paragraph (1) and at the place set forth in paragraph (1) and 112 were subject to the proposal as described in paragraph (1); (b) expressed the victim G with the desire to “I am fe. h. h. h. h.; and (c) expressed the victim H who was going next, “I am f.m. f. f. f. f. f. f. f. h. h. h. h. h. h.,” and continuously expressed the victim I “I am f. h. h. h. h. h. s. h. h. h. h. h. h. h. h. h. h. h.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made to G, H and I;

1. Written Statement;

1. Each complaint;

1. On-site photographs and CCTV closure photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense (a point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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