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(영문) 인천지방법원 2015.06.11 2015고단2479

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On May 3, 2015, the Defendant discovered that the victim E (23 years of age) walk in the front of the D underground passage located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon on May 3, 2015, and collected a cement fix (a golf hole size) located on the floor without any special reason, leading the victim to a part of the victim's pathy.

Accordingly, the defendant assaulted the victim.

2. On May 6, 2015, the Defendant committed an act, such as opening the door of a parked vehicle in the Incheon Jung-gu Incheon Metropolitan City F, and opening the door door of the above opening, etc., at around 01:47, the Defendant of the obstruction of performance of the performance of the performance of the performance of the performance of the performance of the official duties: (a) sent to the police officer I of the Incheon Jung-gu Police Station Police Station that received 112 report and called “I to go home from the police officer I of the Incheon Jung-gu Police Station,” and (b) took the I’s face.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on the maintenance of order and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I and E;

1. Application of the Acts and subordinate statutes on photographs and damaged photographs of criminal tools;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties) : Category I (Obstruction of Performance of Official Duties) (Compulsory Obstruction of Performance of Official Duties) - mitigated elements: In cases where the degree of assault is insignificant (Determination of the recommended sphere), mitigated area (one to eight months);

2. Class 1 (Special Assault) (Special Aggravation) of the Act on the Punishment, etc. of Violence - Where the degree of the assault is minor (Determination of the recommended area), the mitigated area (one month to eight months) of the Act on the Punishment, etc. of Violence ;

3. Results of aggravating multiple offenses (a/2 of the upper limit of crimes No. 2): One month to one year; and

4. Sentence;