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(영문) 대전지방법원 천안지원 2017.03.30 2016고단2212

공무집행방해

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

Reasons

Punishment of the crime

Around 22:00 on September 30, 2016, the Defendant was trying to pay meals at “E” restaurant located in “E” park located in Nam-gu, Southern-gu, Chungcheongnam-gu, Seoul. Around September 2016, the Defendant was investigated by the police officer affiliated with the F police box in the Yananannam Police Station, who was called after receiving 112 a report on the type of dancing, and the police officer H on the instant case by carrying out an investigation on the circumstances of the instant case. On the same hand, the Defendant sent the said G to the said G, stating that “I ice sprink, bit of bitch, bit of a bitch bitch, bit of a bitch,” and carried the said G’s body and shoulder part to the said H, who was sealed by the Defendant, with both hand, sealed the police boom of the said H, and damaged the said H’s hand over the floor by breaking it on the floor per hand.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes to photographs damaged;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendations] The basic area (from June to January 4) of Class 1 (Interference with the performance of official duties and coercion of duties) (Article 62-2) of the Act on the Protection and Observation of Protection and Community Service, there is no person in charge of a sentence / [decision of sentence] unfavorable normal circumstances / The crime liability, such as assaulting police officers who perform legitimate duties, has already been punished for the same kind of crime over several times, but the circumstances favorable to the fact that the defendant committed the same kind of crime in this case are recognized and contradictory to the defendant: The victims's age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc. are considered in light of the above circumstances, the sentence shall be determined within the scope of the recommended sentence.