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(영문) 인천지방법원 2019.11.21 2019고단6877
공무집행방해
Text

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

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

Reasons

Punishment of the crime

1. On September 15, 2019, at around 23:38, the Defendant: (a) on the street in front of the Defendant’s residence “C building” located in Michuhol-gu Incheon, Incheon, the Defendant: (b) asked the Defendant questions to confirm the details of the report by the police box affiliated with the Incheon Michuhol-gu Police Station D, which was dispatched after receiving the 112 report; (c) without any particular reason, “the police has been distorted; (d) the Defendant was under the influence of alcohol; and (d) sound called “the police has been reported; and (e) the Defendant flicked the said E-line with two fingers; and (e) flicked the chest two to three times.

Accordingly, the defendant interfered with the legitimate execution of official duties by police officers on the handling of 112 Reports.

2. At around 23:57 the same day as above, the Defendant arrested and taken custody of a flagrant offender for the same reason as paragraph (1) in the Incheon Michuhol-gu Incheon Michuhol-gu Police Station D police box, and then took a bath to police officers without any particular reason, and as G of the above police box serving in the situation where he was under the influence of alcohol, he saw the Defendant to restrain the police officers, and as the police officers assigned to the above police box serving in the situation where he was under the influence of alcohol, he saw the Defendant as a hand-to-to-be with the wheels

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers on the situation service of police boxes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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

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

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1441, Apr. 1, 201)

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