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(영문) 인천지방법원 2016.12.22 2016고단4661
공무집행방해등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 3, 2016, at around 21:15, the Defendant damaged public goods, on the front side of the Incheon Central Police Station, which was located 241-gild 4, in the quantity of Jung-gu Incheon Jung-gu, Incheon Central Police Station C Zone D, which belongs to the Incheon Central Police Station, and the F police vehicle operated by E, without any reason, the Defendant damaged the repair cost of KRW 279,354.

Accordingly, the defendant damaged the police vehicle, which is a public object used by the Incheon Central Police Station, which is a public office, and has harmed its utility.

2. The Defendant, at the time and place specified in Paragraph 1, was arrested as a flagrant offender from D and policeman on the part of the Incheon Central Police Station C District of the Incheon Central Police Station due to the reasons stated in Paragraph 1, and caused the injury to the victim E (the 28 years old) by obstructing the operation of the police vehicle, thereby interfering with the operation of the police vehicle by making him/her a hand-off from the police officer, and causing him/her to be on the back of the F police vehicle due to the reason that he/she was arrested as a flagrant offender from D and policeman on the part of the Incheon Central Police Station C District of the Police Station of the Incheon Central Police Station due to the reason stated in Paragraph 1.

Accordingly, the defendant interfered with legitimate execution of duties by police officers concerning prevention, suppression and investigation of crimes, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Photographs (a damaged vehicle or victim);

1. Written estimate;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 141(1) of the Criminal Act, Article 257(1) of the Criminal Act, and 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 Concurrent Crimes (the punishment between the crime of injury and the crime of obstruction of performance of official duties, and the punishment prescribed for the crime of the most serious injury);

1. Imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentencing of Article 62(1) of the Criminal Act is suspended.

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