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(영문) 인천지방법원 2017.08.30 2017고단3719
공무집행방해
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

Reasons

Punishment of the crime

Defendant

B was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Incheon District Court on September 26, 2014, and the execution of the sentence was terminated at the Masung vocational training institution on August 15, 2016. On August 17, 2017, the Incheon District Court sentenced one year of imprisonment for a crime of assault, etc., and became final and conclusive on August 25, 2017.

1. Defendant A around 09:15 on May 12, 2017, at around 09:2, the Defendant requested that the Defendant move tobacco in the vicinity of the building located adjacent to the Dong-gu Incheon Dong-gu, Incheon, where he/she was engaged in patrol while drinking alcohol from B, b, and fessing away from the building located adjacent to the building located adjacent to the Dong-gu, Incheon, the Dong-gu, Incheon, and where he/she was carrying tobacco while carrying out patrol, from E, the above place where he/she had a high-pressure gas transit in the vicinity of the police box where he/she was carrying tobacco at the risk of smoking.

C. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. M. H. H. H. H. H. H. H. H.

2. Defendant B, at the time and place indicated in the preceding paragraph, assaulted a police officer and arrested him as a current criminal under suspicion of obstructing the performance of official duties, and accordingly, he was on the back of the complaint with his hand.

D The police officer's chest was boomed twice to interfere with the legitimate performance of official duties concerning the patrol of police officers.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness E and F;

1. Previous convictions in judgment: (B) confirmation of a reply to inquiry, such as criminal history, records of the same kind, etc., text of the Incheon District Court Decision 2014No 3433 (including lower courts), personal confinement status, search of cases, and application of the statutes of the judgment;

1. The Defendants: Article 136(1) of the Criminal Act and Articles 136(1) and 136(1) of the Criminal Act; the Defendants’ choice of punishment

1. Aggravated repeated crime Defendant B: Article 35 of the Criminal Act;

1. Defendant B:

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