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(영문) 인천지방법원 2018.11.29 2018고단7462

공무집행방해등

Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

On October 13, 2018, around Michuhol-gu, Incheon, and around 21:35, the Defendant reported 112 that “A person who uses violence to a first-aid crew member,” and recommended the first-aid crew member from D and the victim E (32) to receive medical treatment, the Defendant sent back the back of the back of the back-hand body of the victim’s back to several times, and met the victim’s back to the face part of the victim’s back to the first second second second second second back.

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the maintenance of order, and at the same time, the Defendant inflicted injury on the victim, such as the bones, bones, etc. requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

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

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The main crisis in which the main sentence is trends in the increase of reasons for imposing selective sentence of imprisonment is not only the waste and sacrifice of police force, but also the risk of various accidents and disasters.

In the instant case, even in light of the expression of an attack ice on the State, the seriousness of the scambling of the public authority, and the result of an injury that may remain scam on the scambling of the public authority, it is difficult to view that the tolerance or vision belongs to the issue permitted by sacrificeing the safety of police duties or destroying the foundation for the maintenance of public order.

The punishment for nine months shall be determined within the scope of recommended punishment (not less than six months; the existence of a general aggravated person in the occurrence of injury).