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(영문) 인천지방법원 2017.09.13 2017고단5125
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 June 4, 2017, at around 12:39, the Defendant received 112 report that he did not pay the food value at the C cafeteria parking lot located in Incheon Nam-gu, Incheon, and was subject to a disposition of notification of a crime of police by randoming from D, a police officer belonging to the Incheon Southern Police Station, who called out, and was subject to a disposition of notification of the crime of police without charge, the Defendant saw her to stop the front of the patrol car, cut off part of the her lab, cut off part of the lab, and her lab, and

The Defendant continued to open a door on the steering seat of the patrol vehicle and prevented D from getting off the door by force due to defects, and assaulted D’s hand to get on the back seat of the patrol vehicle and to get off and get out of it.

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

2. On June 4, 2017, at around 14:20, the Defendant arrested and taken custody of an offender for the foregoing reasons within the F District District of the Incheon Southern Police Station located in Nam-gu, Incheon, Incheon, and tried to leave the F District arbitrarily to the outside of the F District for the foregoing reasons, and assaulted the police officers, including G, who belong to the F District of the Incheon Southern Police Station F District G, on one occasion, in knee G’s left side.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Article 136 (1) of the Criminal Act and the choice of punishment for the crime, Articles 136 (1) of the Criminal Act 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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Sentencing Criteria (the final sentence scope due to the aggravation of multiple offenses): June to February 2, and March 1: The basic area (from June to January 1), the basic area (from June to June) of the interference with the execution of official duties, and the basic area (the interference with the performance of official duties) - The basic area (the interference with the performance of official duties and the coercion of duties) of the basic area (from June to June) of the interference with the performance of official duties;

2. To police officers.

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