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(영문) 인천지방법원 2014.10.07 2014고단5481

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 18, 2014, at around 01:15, the Defendant was unable to get drunk from a taxi parked on the road located in Yeonsu-gu Incheon Metropolitan City, and was unable to have avoided the disturbance. F, the background leading up to the Incheon Training Police Station E zone, the Incheon Training Police Station E zone, and the victim G (32 years old) who was a policeman, was dispatched after receiving a report 112, moved the Defendant to the residence of the Defendant located in Yeonsu-gu Incheon Metropolitan City H around 01:51 on the same day.

The Defendant arrived at the house from the above F, who received a request from the patrol car to take a bath, f to take a bath, and f at one time in drinking, and the above G prevented the Defendant, and f f f f f f f f f f f f f f f f f f f by hand.

As a result, the Defendant inflicted injury on the above G, which requires approximately two weeks of medical treatment, and at the same time interfered with legitimate execution of duties concerning the protection of life and body of the people, prevention and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Written opinion;

1. Application of Acts and subordinate statutes to the scene and the body photograph of victims;

1. Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the records and arguments of this case, such as the following: (a) the basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties [no person who has been specially punished] [decision of sentence] has not been recovered from damage; (b) the first crime is recognized and reflected; (c) the degree of injury; (d) the background and result leading to the instant crime; and (e) the circumstances before and after the instant crime.