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(영문) 인천지방법원 부천지원 2015.09.03 2015고단2045
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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 July 25, 2015, at around 02:43, the Defendant: (a) received a report on the “measures to protect a justrity in front of Yacheon-gu, Yacheon-si B; and (b) received a request by the superintendent of the police box affiliated with the police box of the Yacheon-gu Police Station C police station, which sent out to the site for a locking of the locking and returning home; (c) tried to keep the fingers of the said D and to keep up with the hand of the said D; and (d) committed assault, such as making the left face part of the said D one-time price.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

2. On July 25, 2015, at around 07:05, the Defendant was arrested and investigated as a flagrant offender in the crime of obstruction of performance of official duties from the Yancheon Police Station located in Sincheon-gu, Sincheon-gu and the front corridor of the watchkeeping room for the same reasons as the preceding paragraph on the ground that he/she repeatedly wishes to take a toilet at short intervals, and that he/she was accompanied to the toilet by the above police station criminal and the slope E affiliated slope E on the ground that he/she was accompanied in front of the toilet by the said police station and the above E, and assaulted the chest part of the chest of the said E one time in both hands.

Accordingly, the defendant interfered with legitimate execution of duties concerning criminal investigation affairs by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and E;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

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

3. Crimes No. 1 [Scope of Recommendation] for the reasons for sentencing of Article 62(1)(hereinafter referred to as the following conditions) of the Criminal Act on the suspension of execution: Category 1 (Obstruction of Performance of Official Duties) and Category 2 (In June to April 1) for the Basic Field of the Performance of Official Duties (Obstruction of Performance of Duties) [Scope of Recommendation] for the obstruction of Performance of Official Duties (Obstruction of Performance of Duties and Force of Duties) (Scope of the Basic Field of (Obstruction of Performance of Duties and Force of Duties): 6-2 (Determination of Sentence] for the instant crimes.

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