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(영문) 인천지방법원 2019.08.20 2019고단1297
특수공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 22, 2018, the Defendant found the patrol vehicle of the Incheon Provincial Police Agency C, which was called upon 112 at a point 101.6 km from the 19:35 km from the 101.6 km from the 19:6 km off the outer cycle highway at the 101.6 km away from the 19:6 km away from the 19:6 km away from the 19.6 km away from the 19:6 km away from the 19:6 km away from the 19:6 km away from the 19:6 km away from the 19:6 km away from the 19:6 km away from the 19. The Defendant got at the 19:6 km away from the 19:6 km away from the 2018. The Defendant got at the 5-minute away from the 19.

Then, the Defendant arbitrarily boarded on the back seat of the patrol vehicle standing on the side and tried to peep at the front seat of the said patrol vehicle, and then, it is security only at the time of the police saw. Therefore, it is necessary to see that the Defendant attempted to peep. Therefore, the Defendant was arrested as an offender in the crime of obstruction of performance of official duties in the nearby police station, and assaulted the back head of E during the time when he was arrested as an offender in the crime of obstruction of performance of official duties, and was seated on the front seat of the said patrol vehicle in his hand.

Accordingly, the defendant carried dangerous articles and interfered with police officers' legitimate execution of their duties concerning the handling of 112 reported cases and the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. 112 reported case handling table;

1. Vehicle photographs;

1. Application of Acts and subordinate statutes on recording;

1. Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The confession and reflect of Article 62(1) of the Criminal Act, and the suspension of sentence of a fine in the year 2016, in addition to those subject to a suspended sentence of a fine, the fact that there is no other criminal record, and the consideration of public authority.

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