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(영문) 인천지방법원 2015.09.10 2015고단4584

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

Reasons

Punishment of the crime

At around 22:40 on June 13, 2015, the Defendant: (a) expressed that “no food would be paid to the Defendant” at a D restaurant located in Bupyeong-gu Incheon Bupyeong-gu, Incheon; and (b) expressed that “no food would be paid to the Defendant; (c) a slope F, a police officer belonging to the Incheon Samsan Police Station E District Unit of the Incheon Samsan Police Station, sent out upon receiving a report of 112, recommended F to pay the food cost to the Defendant; and (d) expressed that “I am, Chewing, dead, typ, lap, and Chewing to the police officer,” and assaulted F, such as plucking, plucking, plout, etc. of the clothes of F in drinking, f’s f’s f’s fat, and

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning the maintenance of public peace and order, and at the same time, the Defendant caused the victim F (the age of 42) to “damage to the diversary land by lot and the diversary land by lot.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of serious injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [the scope of recommendation] general injury (the range of general injury) [the person under special jurisdiction] of category 1 (6-2) and the area of increase (6-2) (in the case of obstruction of performance of official duties of police officers] (the decision of sentence] of obstruction of performance of official duties of police officers, injury to police officers, etc. In the case of poor quality of the crime, such as obstructing the performance of official duties of police officers, causing injury to police officers, three times of suspension of execution (including the same kind once) and three times of fine (including the same kind once). There are three times of criminal records; deposit KRW 1.5 million for the damaged police officers; the fact that the crime is recognized and reflected; the defendant's age, character and conduct