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(영문) 인천지방법원 부천지원 2017.02.16 2017고단72
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 23, 2016, around 02:34, the Defendant visited the Defendant, who was arrested as a flagrant offender at the District District C District District of the Seocheon-si Police Station C, Seocheon-si, Seoul, to visit the Defendant’s friendship D, which was arrested as a domestic violence case, and subsequently, assaulted the Defendant, at his own expense, by hearing the reasons for the arrest of D from the slope E belonging to the Seocheon-si Police Station C District of the Seocheon-si Police Station C, the Defendant, who was requested several times to return home, with the Defendant’s hand, such as sub-fluoring E’s breast part and neck.

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

2. 피고인은 2016. 12. 23. 02:59 경 제 1 항 기재 장소에서 부천 원미 경찰서 C 지구대 순경 F이 피고인의 친구 D이 흡연하는 것을 제지하자 갑자기 피고인의 오른발로 F의 오른쪽 정강이를 1회 세게 걷어찼다.

Accordingly, the defendant interfered with 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. Each police statement made to E and F;

1. Place of work;

1. Application of each statute on photographs;

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

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) two police officers who wear a uniform without any particular reason to commit a crime; (b) however, considering all the circumstances, including the following: (c) the accused is against the will; (d) the police officers who want the Defendant’s seat; and (e) the police officers who have no record of punishment heavier than that of the same suspended sentence.

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