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(영문) 인천지방법원 부천지원 2013.12.11 2013고단2701
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 15, 2012, the Defendant was sentenced to six months of imprisonment with labor at the Busan District Court for the crime of interference with business, etc., and completed the execution of the sentence at the Busan Detention House on December 10, 2012.

At around 02:00 on August 10, 2013, the Defendant received 112 report that the Defendant was locked and locked on the street B in order to encourage the Defendant to return home from the border of the Busan High Police Station C District of the Busan High Police Station, which was conducting the process of reporting the case, and he saw that “I cannot recover from it...................., he flabed the left arms of the above D, and plucked once.

At around 02:10 on the same day, the Defendant was arrested as a flagrant offender on the charge as above, and boarded the patrol vehicle into the patrol vehicle, and threatened the above D with the desire to take a bath and riot and drive the patrol vehicle as his head in the course of carrying the patrol vehicle to the C District of the Busan, U.S. police station. On the other hand, the Defendant, who was arrested a flagrant offender together with the above D, committed assault by the police officer E belonging to the Busan, U.S. police station C District, who was in the arrest of a flagrant offender, at one time as her head, on the left side of the above E.

Accordingly, the defendant interfered with legitimate execution of duties concerning the above D and E's 112 notification processing and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written statement of F and G;

1. A copy of the damaged body, photographic photo, or a copy of the working log;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (report on confirmation of termination of execution of punishment and attachment reports of judgments of the same kind);

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act provides that the Defendant’s assertion and determination of repeated crime under the influence of alcohol at the time of the instant crime is alleged to the effect that the Defendant was in an insane or a state of mental or physical disability. Thus, according to the evidence revealed earlier, the Defendant may be found to have been in a state of drinking at the time of the instant crime. However, the instant crime is committed.

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