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(영문) 인천지방법원 2014.12.23 2014고단8112
공무집행방해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 31, 2014, at around 04:15, the injured Defendant: (a) brought about a dispute with the victim C (the age of 31) who had worked together in the past in front of the 12nd apartment complex located in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, about 63; (b) brought about damage to the victim in the total horse that requires approximately two weeks of treatment, following the victim’s hand, when the victim was able to take care of his/her head; and (c) the escape continued to take care of the victim’s face with his/her hand; and (d) the victim was able to take care of the victim’s head.

2. At around 04:45 on the same day, the Defendant expressed that, in the course of confirming the identity of the Defendant at the criminal police station and office of the Busan Police Station located in Bupyeong-gu, Incheon, Samsan Police Station, “I will not have a bitch bitch bitch bitch bitch bitch, three bitch bitch bitch bitch, and will not have a lawyer,” and that, upon receiving a request from a police officer such as the above slope, I would like to go home from the above slope, I interfere with a police officer’s legitimate performance of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police statement of E, F, and D;

1. Application of Acts and subordinate statutes, such as a written injury diagnosis;

1. Relevant Article 136(1) of the Criminal Act, Article 257(1) of the Criminal Act and the choice of punishment for the crime, the choice of punishment for the crime

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is deemed to have been committed by the Defendant unilaterally assaulted and injured the victim C, and furthermore, the crime of obstructing performance of official duties is not good. In particular, in light of the fact that the crime of obstructing performance of official duties needs to be punished strictly by the act of light of public authority and disturbing legal order.

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