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(영문) 인천지방법원 부천지원 2017.01.31 2016고단3373
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

1. On November 30, 2016, the Defendant: (a) reported “C” in front of Non-Sacheon-si B on November 30, 2016; (b) reported “A” in front of “C”; and (c) took the 112 position of the D District Unit in the Seocheon-gu Police Station D District, Seocheon-gu, Seoul, Seoul, intended to take the head of E by putting on the part of the E’s bridge, 2,3 st and 2, and 3 studs of the B’s hand-on hand-on hand who was demanded to return home continuously.

Accordingly, the defendant interfered with legitimate execution of duties concerning on-site investigation by police officers and prevention of crimes.

2. On November 30, 2016, the Defendant: (a) sought an explanation of physical confirmation, etc. from G police officers affiliated with D police units belonging to D police units belonging to D police units belonging to the Seocheon-gu Seoul Special Metropolitan City Police Station in relation to the arrest of flagrant offenders; and (b) received a request for signature and seal from G to obtain a signature and seal of D police units belonging to D police units belonging to D police units belonging to the Seocheon-gu Special Metropolitan City Police Station in relation to arrest of flagrant offenders.

“Along with the expression of “abundance”, the document board was cited as a document board.

G의 손을 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant crimes and the preparation of documents.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A H statement;

1. A photo of the damaged part;

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

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

1. Selection of each sentence of imprisonment;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (including circumstances favorable to the accused);

1. Sentencing criteria;

(a) Crimes Nos. 1 and 2 [the scope of punishment for recommendation], and Category 1 (Obstruction of Performance of Official Duties and Compellion of Duties) shall be the basic area ( June to June to June);

(b) The scope of final sentence due to the aggravation of multiple offenses: Six months to two years; and

2. Two police officers who have committed legitimate execution of duties, and the criminal defendant has been punished several times by violence.

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