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(영문) 인천지방법원 2018.04.20 2017고단9312

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 4, 2017, around 21:45, the Defendant interfered with the business operation of the victim E’s restaurant by force without any justifiable reason, such as provokings and noise to other customers within the “D” located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

2. The Defendant interfered with the performance of official duties, at the time, at the place specified in paragraph 1, and at the place specified in paragraph 12, tried to look at the beer necks on the cream in order to arrest him as a current criminal under the suspicion of assault, etc., and assaulted by G in such a way as “Cropty flue flue flus and rings”, and “ging the left side of G twice on the face of the bridge,” and five times at the head.

As a result, the Defendant assaulted police officers G, thereby obstructing police officers from performing their legitimate duties in relation to the handling of police officers' reports and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 (Obstruction of Performance of Official Duties) that interferes with the performance of official duties (Obstruction of Performance of Official Duties)

(b) Class 2 Crimes (Obstruction of Duties) [Scope of Recommendation] Obstruction of Duties, Type 1 (Obstruction of Duties) (No. 1 month to 8 months) (including Special Reductions)] Suspension of Punishment (including a serious effort to recover damage);

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year;

2. As to the crime of this case, the crime of this case by the defendant who has committed several assaults against the police officers called out after receiving a report on the breath of alcohol under the influence of alcohol, and the quality of the crime is not minor;

In order to establish the law and order, police officers.