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(영문) 인천지방법원 부천지원 2017.05.26 2016고단3442

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On February 6, 2015, the Defendant was sentenced to imprisonment with prison labor for fraud on the part of the Incheon District Court Branch on September 22, 2015, and completed the execution of the sentence in the Ansan Prison on September 22, 2015.

[Criminal facts]

1. On November 12, 2016, the Defendant suffered from the victim E (26 years) and the shoulder, walking along the way to the “Dudio C” way in Bupyeong-si, Seocheon-si, Seocheon-si, Seoul on November 12, 2016, and thus, the time has run.

The defendant suffered bodily injury, such as the inner part and the face of the two parts, which require approximately two weeks of medical treatment, in three times of drinking the face of the victim E.

2. When the Defendant met the Defendant’s assault act at the same time and place as the preceding paragraph, and at the same time and place as the victim F (25 years), the Defendant assaulted the victim F’s head and face part twice in drinking.

3. At the above time, the Defendant: (a) arrested a flagrant offender due to the foregoing act; (b) sent out tobacco while waiting at the G District Office in the Seocheon-gu Police Station G District Office in the Seocheon-si Police Station; (c) prevented the Defendant from carrying out official duties; and (d) avoided the Defendant’s legitimate performance of official duties in relation to the Defendant’s arrest of a flagrant offender when taking care of the said H’s chest by taking a h’s chest h’s flus, such as flusing the flus, and flusing the h’s chest h’s flus; and (c) obstructed the Defendant’s legitimate performance of

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against F and E;

1. Statement made by the police with H;

1. A written diagnosis of injury;

1. Victims E and F photographs;

1. A copy of a police officer's certificate or a copy of a work log;

1. Previous convictions: Application of Acts and subordinate statutes concerning inquiry into criminal history, investigation reports (prior convictions and reports), judgment text, and current status of expropriation of individuals;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Article 257(1) of the Criminal Act (the point of harm), Article 260(1) of the Criminal Act (the point of assault) of the Criminal Act, and the choice of imprisonment for a crime;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Category 1 Crimes (Interference with the performance of official duties);