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(영문) 인천지방법원 2017.08.17 2017고단4465
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 27, 2017, at around 17:00, the Defendant assaulted the victim’s face one time by drinking to the right drinking on the ground that the victim F (78 years of age) would interfere with the use of the victim’s typology, and that the victim F (78 years of age) was made.

2. On May 27, 2017, the Defendant: (a) obstructed the performance of official duties, at the front parking lot of the H District located in the Nam-gu Incheon Nam-gu, Incheon; (b) refused to request the police officer, who belongs to the Southern Police Station H District, to board the patrol vehicle to hand over his/her disease to the police station criminal department; and (c) assault I’s face one time as drinking.

As a result, the defendant interfered with the legitimate execution of duties of police officers on the transfer of personal duties.

3. On May 27, 2017, the Defendant damaged public property by removing the safety wall mat, which was installed at the protection room of the criminal office of the Incheon Southern Southern Police Station, No. 290, No. 32,00, from the Nam-gu, Incheon, Nam-gu, Incheon, to the extent that the repair cost is KRW 300,000.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and I;

1. Investigation report (to investigate a witness J phone);

1. Written estimate;

1. Application of each ctv video recording statute

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act, Article 141(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment with labor, respectively;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (including the following sentencing, etc. in consideration of the following sentencing)

1. Class 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (No person who is subject to special sentencing for six months or one year or six months) shall be the basic area (no person who interferes with Execution of Official Duties).

2. The basic area (from February to October) of the second crime (in the case of violence) (in the case of violence), the basic area (in the case of general assault) of the second crime (in the case of violence, there is no special sentencing person).

3. Crimes No. 3 (Obstruction of Performance of Official Duties) (Scope of Recommendation), the invalidation and destruction of public goods.

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