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(영문) 인천지방법원 2019.09.26 2019고단1902
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four 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

On August 29, 2019, the Defendant was sentenced to imprisonment with prison labor for six months as a crime of obstruction of performance of official duties in the Suwon District Court's Ansan Branch, and the said judgment became final and conclusive on September 6, 2019.

On February 10, 2019, the Defendant: (a) around 04:10 on February 10, 2019, at the Incheon Dong-gu Incheon Police Station C District; (b) on the grounds that the Defendant was punished for violation of the Punishment of Minor Offenses Act before, the Defendant: (c) made a fluorous test while setting the arms of the police officer D(53) who is a police officer belonging to the Incheon Seodong Police Station C District, who intends to board the patrol vehicle for patrol duty; and (d) obstructed the police officer’s legitimate execution of duties for crime prevention.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Each police statement made to D and E;

1. The CCTV cutting photographs and CCTV images [the defendant and his defense counsel] merely stated that the police officers belonging to the district unit make a patrol to safely return home without any mobile phone, and that the defendant's act cannot be deemed as an act of obstruction of performance of official duties. The crime of obstruction of performance of official duties is an act of obstruction of official duties against public officials. The defendant's act of obstruction of official duties is an act of obstruction of official duties. According to the evidence of the judgment below, the defendant requested a police officer who tried to board a patrol to leave the C district unit to pay the penalty due to the disturbance of principal revocation and to leave the C district unit to make a request for the payment of the penalty to the police officer who tried to board the patrol to have the police officer on board the patrol to safely return home without any mobile phone, and it is recognized that the police officer refused to do so, and the defendant's act constitutes an act of obstruction of official duties as an act of assault against a police officer (the act of assault against a police officer on the other hand, the duty to protect the police officer's life and body is established.

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