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(영문) 인천지방법원 2016.08.19 2016고단4157

공무집행방해

Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above penalties for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 28, 2016, around 04:45, Defendant A was arrested as a current offender of assault, with the body of the Defendant in Seo-gu Incheon, Seo-gu, Incheon, as a matter of living-gu’s face. Defendant F, a police officer of Seo-gu, Incheon, Seo-gu, Incheon, with the 112 report, was considered as having been dispatched.

Accordingly, the Defendant, while taking a common bath, flicked F's hand, plicked F's hand, and assaulted F's hand.

The Defendant assaulted the police officer as above and obstructed the police officer’s 112 report processing and arrest of flagrant offenders.

2. Defendant B, at the time and place described in paragraph 1, arrested Defendant A as a current offender, as stated in paragraph 1, at the time and place. Defendant B, at the same time and place, told Defendant B, “When there is no intention of punishment, the injured party forced the Defendant to wear the arms by force.” In doing so, Defendant B, a police officer G belonging to the Incheon Western Police Station E District of the Incheon Western Police Station.

The Defendant assaulted the police officer as above and obstructed the police officer’s 112 report processing and arrest of flagrant offenders.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police statements made to F, D, and G;

1. Relevant Article 136 of the Criminal Act and the Defendants’ choice of punishment for the crime: Article 136 (1) of the Criminal Act (Selection of Imprisonment);

1. Defendants on probation: Article 62(1) of the Criminal Act

1. The Defendants: (a) the reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] [the grounds for sentencing under Article 62-2 of the Criminal Act; (b) there is no person who has any basic area (from June to January 1) [the person who has a special sentencing]; (c) six months of imprisonment with prison labor; (d) the Defendants for a period of a suspended sentence of two years; (d) the Defendants have no criminal history of imprisonment without prison labor or heavier punishment; (e) the Defendants did not have any gravity of force exercised by the Defendants; and (e) the Defendants’ age, sex behavior, environment, motive and circumstance of the crime; and (e) other circumstances after the crime.