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(영문) 인천지방법원 2013.09.12 2013고단4330
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

1. On June 16, 2013, the Defendant engaged in obstruction of performance of official duties: (a) on the ground that the packaging horse in front of the Nam-gu Incheon Metropolitan City, 06:10, around 06:0, the Defendant fighting matched with other customers; and (b) on the ground that he was asked for the removal from the victim Q Q, a police officer belonging to the Incheonnam Police Station P Zone P Zone, who was called upon 112, who was called up after receiving the 112 report, and the victim Q from the victim R, etc., the Defendant obstructed the victims by assaulting the victims, such as the victim Q, who was sent back the victim Q from drinking, and walking the victim Q by drinking, and obstructing the victims from performing their duties as to whether the victims' crime was committed.

2. When the Defendant arrested a flagrant offender due to obstruction of performance of official duties at the time, time, and place indicated in paragraph (1), as seen above, the Defendant publicly insultd the victim on the job where the said customer and his name was committed. However, the Defendant, a police officer belonging to the said Pdistrict, “I am flick.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of Q Q, R and S;

1. Each investigation report and internal investigation report;

1. Application of the Acts and subordinate statutes to the complaint;

1. The point of obstruction of performance of official duties by relevant legal provisions on criminal facts: Article 136 (1) of the Criminal Act (Appointment of Imprisonment): Article 311 of the Criminal Act (Selection of Imprisonment);

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 (including the cases where he/she commits an error, etc.);

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