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(영문) 인천지방법원 부천지원 2017.07.21 2016고단3125
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 October 15, 2016, at around 22:36, 2016, the Defendant asked the E-si, Seocheon-gu, Seocheon-gu, Seoul, to determine whether he/she can operate a taxi as the Incheon Dong-dong. However, the Defendant filed a 112 report, asserting that he/she could not be operated in Incheon because he/she is a “sports taxi” from a taxi driver, and that he/she could not be operated in Incheon.

The Defendant and C explained from the Fridge G belonging to the Hacheon-gu Police Station F District G and Police Officer, who called upon report, that the above case does not constitute refusal to take passengers, but C took a bath to the police officer on the ground that C could not be able to obtain any consent from the police officer, and was arrested as a flagrant offender in the crime of insult by the above slope G and police officer H, and was arrested as a flagrant offender in the crime of insult by the above slope G and police officer and on board the police officer at 53 times.

In order to prevent one-way C from getting on the police vehicle, the Defendant committed assault, such as flabing C’s flaps with hand, shakeing the body of the above slope G, which was on the police vehicle.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement of the police statement related to G;

1. A written statement of I and J;

1. Investigation report (verification and recording of Handphone images);

1. Application of Acts and subordinate statutes of photograph (G);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no person who does not have a basic area (6 months to one year and six months) [Special Sentencing Decision] : (a) a person who makes a lawful performance of official duties; (b) a defendant exercised violence against a police officer who makes a legitimate performance of official duties; (c) a reasonable performance of official duties; (d) a reasonable performance of official duties; (d) the circumstances that are favorable to the nature of the crime are recognized as a crime; (e) the degree of assault is relatively excessive; and (e) the motive and background of the crime; and (e) other circumstances after the crime.

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