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(영문) 인천지방법원 2015.08.13 2015고단3382

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 26, 2015, the Defendant: (a) around 01:10 on May 26, 2015, around the Defendant’s house located in Namdong-gu Incheon Metropolitan City 401; (b) the victim E (52 years old); (c) the police officer of the Incheon Nam-dong Police Station D (27 years old); (d) the victim F (27 years old), who was a police officer, called the victim’s police officer, was able to restrain the Defendant’s violence; and (d) the victims “I am son, I son, I son, I son, I son, I son, I son, I son, I son, I son, I am son, I am son, I am son, and the victim’s chest was able to take two tight clothes of the victim E; (d) the victim’s chest’s right shoulder, walk the victim’s son’s son, and interfere with the victim’s chest’s treatment and treatment for one day, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes in written opinions;

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

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

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

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] - Type 1 (General Bodily Injury) - In the case of obstruction of performance of official duties, the determination of the area of recommendation / [the scope of recommendation / [the scope of recommendation ] April 4 to one year / 16 [the general person] - there is no record of reflective criminal punishment which is serious for mitigation / [the scope of punishment ].