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(영문) 인천지방법원 2019.05.16 2019고단1547
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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 January 29, 2019, the Defendant attempted to damage public goods on the roads in front of Dong-gu Incheon Metropolitan City, Incheon Metropolitan City, on January 29, 2019, and “A taxi engineer shall wear a pedal box” on the roads in front of the Dong-gu, Incheon Metropolitan City, and the police officers belonging to the Incheonnam Police Station C District District of the Incheonnam Police Station, who were dispatched to the said places after receiving a report of 112, walk the Defendant, and the police officers attempted to walk the bit part of the bitke which the police officers parked and parked on one occasion at the right time, but did not damage the said patrol car to the extent that the repair is necessary.

2. 공무집행방해 피고인은 2019. 1. 29. 00:28경 제1항 기재 장소에서 ‘택시기사에게 행패를 부린다.’는 112신고를 받고 출동한 인천남동경찰서 C지구대 소속 순경 E에게 "이 좃도 아닌 것들이 죽을려고 씨발새끼야!"라고 욕설하며 순경 E의 근무복 상의를 잡아당기고 팔꿈치로 어깨부위를 가격하여 폭행을 하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes governing damaged photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 143 and 141(1) of the Criminal Act ( point of attempted damage to public goods), Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., a confession and reflective fact, damage to public goods is about attempted crime, and there is no previous offense exceeding a fine);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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