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(영문) 인천지방법원 2014.10.02 2014고단5596
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On April 10, 2007, the Defendant was sentenced to a suspended sentence of ten months for the purpose of obstruction of performance of official duties, etc. by the Busan District Court, and was issued a summary order of KRW 1.5 million by the Incheon District Court on October 8, 2010 and issued a summary order of KRW 1.5 million.

【Criminal Facts】

On August 6, 2014, at around 00:18, the Defendant reported to the 112 reporting center that the signboards of the said marina business establishment prior to the street of the said marina business establishment operated by himself/herself in the Nam-gu Incheon Metropolitan City, the Defendant reported to the 112 reporting center, stating that “Is a guest who is frighting to wear a fright at the massage seat.”

At around 00:35 on the same day, the Defendant: (a) stated that the police officer was not dispatched to the 1112 reporting center, on the ground that the police officer was not dispatched to the 112 reporting center; (b) stated that the police officer F (34) belonging to the police officer of the Incheon Southern Police Station E-gu Incheon Police Station, who arrived at the site, was “sprinke”; and (c) took part in drinking, the breast part of the breast part of the police officer who was sent to the police officer at the site, and was notified that he could be arrested as a crime of obstruction of performance of official duties if he continuously takes a bath and exercises violence from the above F, and said F expressed that “I f will do so, if I am, kick, kick, kick, spick, and spice,” and that the chest part of the F was cut once.

Even after the defendant continued to walk in the E zone, the defendant assaulted the F to walk the bridge side once.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Redirection of criminal offenders, victims' photographs, and CCTV images;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment reports of judgment) and statutes;

1. Relevant Article 136 (1) of the Criminal Act (Selection of Imprisonment) concerning the facts constituting an offense;

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