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(영문) 인천지방법원 2016.05.13 2016고단162

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

1. On November 23, 2015, the Defendant was notified of the Defendant as a violation of the Punishment of Minor Offenses Act by having the tobacco that the Defendant was under way left on the way, and having been dispatched to the Incheon Southern Police Station C District under the Incheon Southern Police Station C, a police officer under the influence of alcohol, and a police officer of the Incheon Southern Police Station C District, who was dispatched after being reported to him by 12, on the road along the roadside of the week located in the territory of the Nam-gu Incheon Metropolitan City, Nam-gu.

The Defendant: (a) opened the front door of the patrol vehicle and obstructed the operation thereof by hand; (b) obstructed D from getting off the vehicle, and (c) obstructed the lawful performance of duties by police officers in relation to the prevention and suppression of police officers’ crimes by committing assault, such as cutting off the parts of D with drinking trees at two times after having sold the parts of D with drinking trees; and (d) cutting off D’s outer booms by hand and pushed down D’s body with hand.

2. On November 23, 2015, around 23:45, the Defendant assaulted the police officer’s legitimate execution of duties in relation to the prevention, suppression, and investigation of the police officer’s crime by committing assault, such as arresting a flagrant offender with a suspicion of interference with the performance of official duties as stated in paragraph (1) and being escorted to the Incheon Southern Southern Police Station via C District Zone, following the Defendant’s arrest of a flagrant offender through the C District Police Station.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

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

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of punishment] is that there is no basic area (the period from June to April) (the period from June to April) [the person subject to special sentencing] [the decision of sentence] imprisonment for eight months], the suspension of execution for two years, there was no past record of punishment for the same kind of crime, and the defendant was committed contingently during the period of punishment.