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(영문) 인천지방법원 2018.03.08 2017고단9482

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to four months of imprisonment for a crime of assault at the Incheon District Court on August 11, 2016, and completed the execution of the sentence at the Port Prison on June 7, 2017.

【Criminal facts” around November 12, 2017, at around 19:15, the Defendant: (a) 117-dong, Jung-gu, Incheon underground shopping mall held a mixed street performance at 117-dong, Jung-gu, Incheon; (b) received a 112 report and received a check from the police officer D, security guards, E, etc., of the Jung-gu, Incheon, Jung-gu Police Station C police box; (c) was sicked with the thickness of the patroler D; (d) was sicked with the head; and (e) continued to be flaped with the e-bro.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives of the people of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B, D, and E;

1. Previous conviction: References to inquiries, application of investigation reporting Acts and subordinate statutes;

1. 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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes is 【See the sentencing guidelines] The basic area [the lowest limit of the recommended punishment is considered as commercial concurrence for not less than 6 months; the degree of violence is minor] where there are many damaged public officials, and where the degree of violence is minor, the general aggravated person: The repeated crime of this category : the police officers who refrain from their behavior without string the period of repeated crime : the police officers who refrain from their behavior without string the period of repeated crime : the crime of this category : the police officers who refrain from their behavior and behavior or the state of public authority are serious enough to display violence. In light of the accumulated power and the absence of leading environment, it is difficult to result in the suppression of recidivism, but it is difficult to achieve the effect of suppressing recidivism.

However, there is room to consider the proportion of the person who has been mitigated, the light of reflect, and the facts and circumstances that were caused by the undetained investigation as favorable circumstances.

The punishment for six months shall be determined within the scope of the recommended punishment.