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(영문) 인천지방법원 부천지원 2018.10.04 2018고단2009
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 13, 2018, the Defendant: (a) expressed his/her son who was under the influence of alcohol and expressed his/her desire to “at least 10,000 YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

On the other hand, while arresting a police officer affiliated with the above police box as a flagrant offender of the crime of interference with the performance of official duties, the police officer assaulted that the above D's right right course was three times to walk.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

2. On June 13, 2018, after the Defendant was arrested as a flagrant offender due to the crime of paragraph 1, the Defendant was unable to proceed in the process of getting the Defendant into custody in the presence of the suspect inside the police box B in Seocheon-si, Seocheon-si, Seocheon-si. Accordingly, the said police box used the Defendant’s lock to have the right arms of the said F with the Defendant’s hand hand hand, who was at the hand of the Defendant’s seat.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the situation service of police officers.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of G and H;

1. They shall be assigned to the police box B, and those sent to the report of 112;

1. Data on photographs of damage;

1. Application of statutes to each public official's copies of evidence;

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 each sentence 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. Circumstances unfavorable to sentencing under Article 62-2 of the Criminal Code of the Social Service Order: Violence is committed against police officers who perform their legitimate duties.

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