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(영문) 인천지방법원 2016.02.04 2015고단6902

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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

On September 30, 2015, at around 12:30, the Defendant received a report from the Bupyeong-gu Incheon, Bupyeong-gu C and 2, and received a recommendation from the Defendant to return home from the slopeF belonging to the Incheon Bupyeong-gu, Incheon, Ethal Police Station Ethale, which called “in the inside, Mara,” and assaulted the Defendant at the time of her sprink with both hand. On the same day, at around 12:40 on the same day, the Defendant assaulted the Defendant by cutting off the sprink G belonging to the same global belt into outside of the building and soliciting him to return home.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public order.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Application of Acts and subordinate statutes to the on-site investigation report;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who interferes with the performance of public duties by a police officer F with the conduct of public duties, or by a punishment imposed on a police officer F with heavier punishment);

1. Selection of a sentence of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing in the main sentence of Article 186(1) of the Criminal Procedure Act / [Scope of Recommendation] No person who does not have the basic area (from June to January 4) (i.e., interference with the performance of official duties and coercion of duties) (i.e., special sentencing) [decision of sentence] (i., interference with the performance of official duties) / police officers, thereby obstructing the performance of official duties; (ii) the damaged police officers want to punish the defendant; (iii) the damaged police officers are punished; (iv) there are no records of the same crime; (iv) there have been one time of suspended sentence and one time of fine; (v) there has been delayed disabilities; (v) the degree of damage; (v) the defendant's age, sex, environment; and the motive and background leading to the instant crime; and (v) circumstances after the instant crime, etc., the sentence as per the order shall be determined.