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(영문) 인천지방법원 2016.05.20 2016고단2081
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 March 22, 2016, at around 20:50, the Defendant: (a) committed assault, such as: (b) the Defendant paid a fare to the Defendant; (c) the police officer of the Incheon Southern Police Station D (24) assigned to the patrol unit for multi-purpose dong Police Station, Incheon, where he/she received a report that he/she would refuse to pay taxi fares; (d) he/she took a bath to the said C; and (e) he/she took care of his/her shoulder; and (e) the Defendant took care of his/her shoulder as his/her hand; and (e) the head with his/her finger.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention and suppression of crimes.

2. The defendant who interferes with the performance of official duties against slopeF on the same day, arrested and detained in the act of committing an act in the act of committing an offense at the detention room of the Incheon Southern-dong Police Station located in the Namdong-gu Incheon Metropolitan City, and taken away the items possessed by a slope F (43 tax) belonging to the above police station as the person who works in the detention room.

In other words, the defect “I have ever been infarcated”;

Does the article in possession be taken out;

The F’s body was sealed by hand by using the sprinks for the arrest of the police station, and then used the F’s body in order to control the use of the sprinks and wings for the use of the sprinks for the use of approximately 10 minutes without complying with the request of the police officers.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of the G’s written Acts and subordinate statutes;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Code of the Social Service Order and the reason for the protection and observation of protection [the scope of recommendation] of Article 62-2 of the Criminal Code, and the interference with the performance of official duties, and there is no basic area (from June to April), [the person subject to special sentencing] [the decision of sentence] of imprisonment with prison labor for six months and suspended sentence for two years.

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