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(영문) 인천지방법원 부천지원 2016.11.10 2016고단2039
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[2016 Highest 2039] On June 4, 2016, at the main point of the trade name “E operated by the Defendant in Seocheon-gu, Seocheon-gu, Seocheon-si”, the Defendant: (a) 112 reported that he was subject to assault; (b) obstructed the front of the above police officer; and (c) saw that the slope G belonging to the F Zone Group in the Seocheon-gu, Seocheon-gu, Seocheon-si, Seocheon-si, the Defendant obstructed the front of the above police officer in order to listen to the statement from H; and (d) took one time as a drinking part of G.

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

[2016 Highest 2346] On August 3, 2016, the Defendant provided a simple statement from civil petitioners J (20 years of age, leisure) to the victim K, a police officer belonging to F Zone F District of the Busan High Police Station, who received a simple statement in order to handle thief within the F District located in Bupyeong-si, Busan Highest 01:05, and publicly insulting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about H, G, L, and K;

1. Written Statement;

1. A complaint;

1. Application of each photograph, each screen image closure photograph, each CCTV screen CD-related statute;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] There is no person who has a basic sphere (6 to 1 year and 4 months) of obstruction of performance of official duties (decision of sentence] [decision of sentence] When the defendant was punished twice as a crime of violence of the same kind and twice as a fine, it is considered that the police officer in uniform was assaulted or expressed without being aware of the punishment, and that the defendant violated his mistake, and that the defendant operated.

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