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(영문) 인천지방법원 2017.10.19 2017고단6405
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On August 24, 2017, around 10:20, the Defendant reported 112 in front of the “C Multilateral in Seo-gu Incheon, Seo-gu, Incheon,” and received a direction that “no illegal matter exists” from the slope E, a police officer belonging to the Incheon Seo-gu Police Station D District Unit F, dispatched to the site, the Defendant was under the influence of the Defendant, who was under the influence of the Defendant: (a) “Isk the same fracker, such as frick, who was a police officer belonging to the Seo-gu, Incheon.”

"Before 2 times the E's clothes using a mobile phone which he was in possession of a loud bath, he saw the face of the mobile phone, and assaulted the F's chest part into a mobile phone only once.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a criminal investigation report (to attach DNA files to those for the storage of screen pictures taken on the spot);

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14448, Apr. 1, 200; Decision 209Da1448, Apr. 2, 201; Decision 2008Da14866, Feb. 29, 2007)

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