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(영문) 인천지방법원 2016.05.25 2016고단2157
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 February 19, 2014, the Defendant was issued a summary order of KRW 2 million by committing a violation of the Punishment of Violences, etc. Act (joint injury) at the Incheon District Court on February 19, 201, and was seven times before and after violence, and was a company member.

피고인은 2016. 4. 13. 22:25 경 인천 연수구 D, 지하 1 층 소재 ‘E 노래방 ’에서, 술에 취해 위 노래방 종업원에게 “ 담배를 찾아내라. ”며 약 1시간 동안 행패를 부리다가 위 노래방 종업원의 112 신고를 받고 현장에 출동한 인천 연수경찰서 F 지구대 소속 경찰 관인 순경 G로부터 귀가할 것을 권유 받자, 위 G에게 “ 어린놈의 새끼가, 네 가 뭘 알아, 개새끼야. 야, 개새끼야, 너 죽어 볼래.

“I wish to return to the Republic of Korea” and, even though the G recommended him to return to the Republic of Korea, the G continued to receive money at a sing, singing.

The term “Woo,” and the chest parts of the said G were assaulted three times by hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning public peace and order maintenance related to 112 reporting processing by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H and I;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act in depth over a crime committed during the period of detention and the fact that there is no record

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Protection, Observation, etc. Act, and Article 62-2 of the said Act;

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