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(영문) 인천지방법원 2018.08.24 2018고단3815
공무집행방해등
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 April 13, 2018, the Defendant: (a) around 21:40 on April 13, 2018, the Defendant was recommended to leave the said police box in a taxi to verify the status of the victim, who is the police officer, who was a police officer, assigned to the said police box, who was found to have been in the influence of alcohol by the Defendant before the police box located in Bupyeong-gu Incheon Metropolitan City B; and (b) was urged by the Defendant to leave the

The Defendant openly insulting the victim by openly insulting the victim, such as taking a bath to the instant taxi engineer, and the police box, while complying with the police box. As such, the Defendant openly insultingd the victim, such as “I am frien Ma. Ma. Ma. Ma. f. f. f. f., within the country.”

2. The Defendant interfered with the performance of official duties, at the time, at the places specified in paragraph 1, prevented the Defendant from taking a bath and demanding an identification card. As such, the Defendant, in his/her hand, obstructed the police officer’s legitimate performance of duties in relation to the prevention and investigation of the crime by assaulting the left arms of the said police officer three times, and assaulting the parts of the said police officer three times in his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A complaint filed in D;

1. Report on internal investigation (the ratio of video investigation submitted by a police officer dispatched to the scene, investigation into taxi booms images, insult of suspects, and interference with the performance of official duties);

1. Each investigation report (verification of black stay images, hearing of statements of victims' taxi drivers);

1. Application of the Acts and subordinate statutes in Chapter 4 to the 6-year screen of a CCTV image closure and the mobile phone image closure screen;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the punishment is aggregated with the long-term punishment of two crimes];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing guidelines shall be recommended;

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