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(영문) 인천지방법원 부천지원 2016.06.29 2016고단1131

공무집행방해등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 1, 2016, the Defendant assaulted the victim’s face by spreading the alcohol on the table while taking a bath to the victim’s face, in the “C main point” located in Seocheon-gu, Seocheon-gu, Seocheon-gu, 2016, the victim D (n, 27 years of age) who is an employee, at the end of business hours.

2. The Defendant obstructed the performance of official duties, at the time and place specified in paragraph 1, and at the place specified in paragraph 1, and the E District F’s slope F, who was dispatched to the site, prevented the Defendant from drinking, and assaulted the said F’s chest on one hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in which each police statement protocol with respect to G and D is entered;

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. The scope of the recommended punishment for crimes No. 1 (Obstruction of Execution of Official Duties) / [Scope of the recommended punishment] The scope of the final sentencing due to the aggravated punishment for multiple crimes for which there are no type No. 1 (Obstruction of Execution of Official Duties and Forced Performance of Duties) in the basic area (f.g., June to one year) (f., one year and four months) / [the scope of the recommended punishment] in the basic area (f.g., February to October) (f., a person subject to special sentencing) / (f., a person subject to special sentencing): June to September 1:

2. Circumstances favorable to the determination of sentence: The Defendant’s confession of the instant crime and appears to repent of his mistake, etc.; the instant crime was committed under the influence of alcohol by the use of violence against a police officer dispatched due to the use of force against others, and the nature of such offense is not good, and the instant crime was committed.