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(영문) 인천지방법원 2016.10.28 2016고단6006

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

On July 26, 2016, at least 19:20 on July 26, 2016, the Defendant: (a) committed assault, such as assaulting public officials G in charge of the F of Gyeyang-gu Incheon Gyeyang-gu, and G, ordering the construction of Gyeyang-gu Office and the H Team members I, etc., of the construction of the illegal objects by the public officials G in charge of the F of Gyeyang-gu Incheon Gyeyang-gu and G, and obstructed the legitimate execution of duties concerning the control of the objects on the road of public officials, by stating that “I would like to display what person you can see as you can see; and (b) I would like to display what person you go to the Gu office.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to G and I

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, Etc. [Determination of the type of obstruction of performance of official duties] The basic area of obstruction of performance of official duties [the scope of recommending punishment], six months to one year [the decision of sentence], Defendant’s act is an act causing serious harm to public officials’ performance of official duties, and its nature and criminal situation are not good, but the punishment is determined as per the order, considering the fact that the degree of damage is relatively heavy.