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(영문) 인천지방법원 2017.03.31 2017고단724
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 became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant interfered with the performance of official duties on December 30, 2016, at the front of the entrance of the central market, 10-4, 380, Seo-gu, Incheon, Seo-gu, Seo-gu, and 380.

Upon receipt of the report of 112, the police officer of the Incheon Western Police Station C District D sent out, sent a 112 report, expressed that D sent the Defendant to the taxi to return to the taxi for safety measures, and used D’s bath to “this ring, this ring, ..........................................”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on safety measures.

2. On the same day, there are six persons, such as taxi drivers, etc., in the process of safety measures and emergency measures taken by a police officer called up after receiving a report at the place specified in paragraph (1) at around 03:20 on the same day and by a fire officer called up to take emergency measures at around 03:20 on the same day, the Defendant “this son is seaworthy;”

The victim publicly insultingd the victim by openly speaking as "Sa, Sa, Sa, Sa, Sa, Sa. Ba."

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. A H statement;

1. Application of F's accusation Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the punishment is aggregated with the long-term punishment of two crimes];

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) (No person who has been sentenced to special sentencing for a period of six months to one year and six months)

(b) Class 2 crimes (Monobity).

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