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(영문) 인천지방법원 2019.03.28 2018고단6366
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

1. On August 7, 2018, the Defendant, around 16:10 on August 7, 2018, in front of the elevator in the first floor of Jung-gu Incheon, Jung-gu, Incheon, 121, in front of the victim B (V, 66 years of age) who tried to board the elevator in the influence of alcohol, took a bath for the victim, and boomed the victim's shoulder by hand on the ground that the victim B (V, 66 years of age) would block a way.

Accordingly, the defendant assaulted the victim.

2. The Defendant was arrested as a flagrant offender of the crime of assault in accordance with the police officer D (the age of 29) who is a police officer belonging to the Incheon Central Police Station C commander of the Incheon Central Police Station, who received a report at the time and place mentioned in paragraph (1) of the same Article, and was on board the back seat of the patrol police station and moved into the Incheon Central Police Station, the Defendant spited D's creams several times into the floor by hand, and the Defendant spited D's face two times on the face of D's face to the direction of the Defendant by keeping the face of D.

As a result, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statements made by the criminal defendant in the fourth protocol of the trial, which fit for such statement;

1. Statement of D police statement;

1. B written statements;

1. Application of Acts and subordinate statutes to report on investigation (D Telephone statement hearing);

1. Articles 136(1) and 260(1) of the Criminal Act of the corresponding Article of the Criminal Act concerning the crime, and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Provided, That the maximum of the long-term punishments for two crimes shall be aggregated);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The criminal defendant has a record of being punished several times in the previous case, assaulted the victim B without any particular reason, and assaulted the police officer carrying out legitimate duties, etc., and the nature of the crime is not somewhat weak, and the criminal offense against the public authority is strictly punished.

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