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(영문) 인천지방법원 부천지원 2016.03.30 2015고단2805

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around September 23, 2015, the Defendant interfered with the business of the victim’s convenience store by force, such as gathering three simplified tables, plastic chairs and garbage cannicking, and cutting off on the street, when he/she was carrying a 'E convenience store' in front of the 'E convenience store' where the victim D located in Orcheon-gu, Orcheon-si C, Ocheon-si, Seoul, without any special reason.

2. At the same time and place as mentioned in the preceding paragraph, the Defendant: (a) committed assault, such as gathering of living multiples and plastics stored in front of the above convenience points; (b) cutting down the bridge of the said G; and (c) cutting down the chests in both hands, booming them, on the ground that the Defendant was at the same time and place as mentioned in the foregoing 112 Report, and only booming him/her to return home from G at the seat of the F District of the YOcheon Police Station affiliated with the F District; and (d) he/she

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in which each police statement protocol with respect to G and D is entered;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment for crimes No. 1 (Obstruction of Duties) (Scope of Recommendation) within the scope of the punishment for crimes No. 1 (Interference with Duties) [No. 6 months to one year and six months] within the basic area (Interference with Duties) [the scope of the recommended punishment] 2 crimes (Obstruction of Performance of Duties] without any special sentencing person] / [the scope of the recommended punishment] within the basic area (f. 6 months to one year and four months) within the basic area (f. 1 months to one year and four months) within the scope of the recommendation punishment for multiple crimes without any special sentencing person: 6 months to two years;

2. Circumstances favorable to the decision of sentence: The defendant appears to have led to the confession of the crime of this case and have repented his mistake.