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(영문) 인천지방법원 2017.01.25 2016고단8479
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

On December 1, 2016, around 22:55, the Defendant: (a) on the street in front of the Bupyeong-gu Incheon Metropolitan City Bupyeong-gu C (C, D District) (C, D District); (b) on the street, the Defendant visited the said D District by an acting driver E, and the Defendant did not receive a substitute driving fee due to the failure of the Defendant, while under influence of alcohol,

The report was sent to the site by F, who was a policeman belonging to the D police station in Bupyeong-gu, D police station, and expressed the Defendant and the above F that “C. N. N. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. am. L. L. L. L. L. L. L. L. k. L. L. L. L. L. L. L. L. L. L. L. L. L. k. k. k.

The Defendant continued to be dispatched to the site together with the above F when G was at the time when G was at the right side of the said G in order to secure evidence for the Defendant’s crime obstructing the performance of official duties.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on criminal investigation and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to F and G;

1. E statements;

1. Application of Acts and subordinate statutes to a reply to inquiry, such as field photographing motion pictures CDs, motion picture CDs of a suspect in a detention room, investigation report (on duty of a criminal suspect), investigation report (on duty of a criminal suspect), and criminal history; and

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures [the scope of recommended punishment] The violation of Article 62-2 of the Criminal Act by interfering with the performance of official duties, and the scope of sentence comparison between the applicable sentences and the recommended sentences in the basic area (from June to April): June to one year and four months: the defendant assaulted the police officer dispatched to the agency's report, and denied the crime even though the police officer assaulted him.

After being arrested, an investigative agency shall commit a crime.

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