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(영문) 인천지방법원 2016.02.16 2015고단7321
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 4, 2015, at around 00:35, the Defendant received a report from the Seo-gu Incheon, Seo-gu, Incheon, 102-dong 102-dong 102-dong 1’s corridor, and “the head of the main house fright,” and was asked the police officer D to ask questions about personal information from the police officer D belonging to the Seo-gu Incheon, Seo-gu Police Station C unit, Incheon, which called the site. When the Defendant refused to answer, the Defendant was in possession of the said D while refusing to answer.

The session of the PDA's session was cut off on the floor, and the test cover was removed, and the driver's face and trees of E belonging to the same district unit, which caused the above D's action, were taken by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of public order and mobilization of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the choice of imprisonment in consideration of the previous records);

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Article 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 201);

1. Article 62-2 of the Criminal Act on the observation of protection;

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