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(영문) 인천지방법원 2016.12.22 2016고단8131
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On September 20, 2016, at around 02:20 on September 20, 2016, the Defendant was urged to return home from E (the age of 23) of the Incheon Yeonsu-gu Police Station D police box sent to the site after receiving a report on 112 that “one-hour female (the Defendant) is frighting to sound while drinking,” which read that “The Defendant is frighting to sound.”

The Defendant: (a) had a police officer called “I was called; (b) I am this dog; (c) I am this dog; and (d) the defect that E tried to go back to the patrol lane, saying “I am hyd? I am hyd? E, I am hyd? I am hyd? E, and did not go back to E’s hyd., by hand.

계속해서 피고인은 E의 얼굴을 향해 주먹을 계속 휘두르면서 때리려고 하고, 손으로 E의 멱살을 잡아 흔들고, “야, 씹새끼야, 경찰 새끼들. 총 어딨어, 내놔. 총 내놔 씹새끼야.”라고 소리를 지르면서 E의 허리에 있는 테이저 건을 손으로 잡아 빼앗으려고 하는 등 E을 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of public peace and order related to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A report on investigation (a search case at a place of occurrence), a report on investigation (a case of Handphone images taken by a police officer operating the police station);

1. A photograph of a CCTV image to take a photograph and a Handphone photograph;

1. Application of Acts and subordinate statutes to CCTV for crime prevention and video files using Handphones;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the confession of the instant crime, and the fact that it appears to have committed any contingent crime under the influence of alcohol);

1. Probation under Article 62-2 of the Criminal Act;

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