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(영문) 인천지방법원 2016.04.07 2016고단1189

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On March 5, 2016, at the “E” entertainment station located in Nam-gu Incheon Metropolitan City D on March 5, 2016, the Defendant received a report from 112 that “the Defendant abused female employees within the main point,” and received questioning from G and police officers concerning the circumstances of the instant case from the Busan Southern Police Station F District of the Incheon Southern Police Station, and from H.

B. The Defendant’s head, who was arrested as a flagrant offender of the crime of assault, assaulted the stairs of the above main building in order to go to the earth, and assaulted the Defendant’s her head on the upper left side of the above H, and continued to refuse the patrol board before the above main building, and assaulted the Defendant’s head on the left side of the above G’s face and interfered with the police officers’ legitimate execution of their duties concerning prevention, suppression, and investigation of the crime.

Summary of Evidence

1. Statement by the defendant in court;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] There is no person who has the basic area (from June to one year and four months) [Judgment of sentence] [Article 62-2] of the Criminal Act: (a) the crime of this case is committed against police officers who have worn the uniform; (b) there are multiple violent crimes other than those committed against police officers who have carried the uniform; and (c) the criminal of this case committed the crime of this case for more than four months after the expiration of the period of suspended sentence due to the previous violent crimes; (d) the criminal of this case was committed in four months after the end of the period of suspended sentence due to the previous violent crimes; (e) the criminal defendant is recognized as committing the crime of this case; and (e) the police officers who have committed the assault seek the Defendant's preference; and (e) the father of the defendant sought the Defendant's honor.