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(영문) 인천지방법원 2015.05.20 2015고단1813

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 April 4, 2015, at around 15:50, the Defendant assaulted D at the “E” restaurant operated by D, located in Incheon Strengthening Military Group C, and was arrested as a flagrant offender in the crime of assault from the victim G (n, 28 years old), etc., a police officer of the strengthened Police Station, who belongs to the relevant police station, upon receiving a report on the assault case, and arrested the victim as a flagrant offender, etc., who is a police officer of the relevant police station in charge of the crime of assault. The Defendant spits the victim’s face on two occasions, spits the victim into the victim’s face, spits the victim’s bridge, walks the victim’s bridge, take the victim’s bridge, and arrested the Defendant. On one occasion, the Defendant was spits the victim’s face, spits the victim’s right side, walks the victim into the victim’s head, and took the victim’s chest back one time again.

As a result, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in flagrant offender and criminal investigation, and at the same time he left the country to the victim G for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G, and H;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence recognizes the defendant as committing a crime and is in depth and reflects the defendant’s depth, and the defendant has been engaged in daily work and lives very strongly. The defendant has a mental disorder, taking into account the defendant’s age, character and behavior, occupation, motive of committing a crime, circumstances after committing a crime, etc., the sentence was determined as ordered.