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(영문) 인천지방법원 2017.03.17 2017고단440
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 18, 2016, at around 00:05, the Defendant was demanded to pay the taxi fee to the police officers G at the front of the police box in the Jung-gu Incheon Jung-gu, Incheon, Jung-gu, Incheon, as the taxi fare problem.

The defendant is expected to buy tobacco.

On the other hand, the police officer G intending to escape from the scene and said police officer G saw that “Neggggging a short-term string, Egye and Egye” was the Defendant, and the Defendant expressed that “Neggging a short-term string, Eging, Egye, Iging to go to go to G of the above police officer while the aforementioned taxi officer F and his players listen to.”

Accordingly, the Defendant publicly insulting police officers G.

2. On the same day, the Defendant was arrested as a flagrant offender on the same grounds as the preceding paragraph of 02:40 on the same day, and was locked at the police box of the Incheon Central District Police Station D police station, and the police officer H, who belongs to the above police box, told the Defendant to “absing the Defendant, she saw the Defendant,” saying “absing the Defendant, she saw the Defendant, she would walk the back of the above police officer’s body part.” While the said police officer continued to take the Defendant at a sofacing, the Defendant continued to take part of the face of the police officer.

피고인은 같은 날 02:42 경 위 파출소 앞길에서 경찰관 G이 피고인을 인천 중부 경찰서 유치장에 유치하기 위하여 순찰차에 태우려고 하자, 저항하면서 반쯤 누운 상태에서 발로 위 경찰관 G의 얼굴 부분을 찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A written statement;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 311 of the Criminal Act applicable to the facts constituting an offense (a point of insult) and Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of official duties);

1. Selection of each sentence of imprisonment;

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