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(영문) 인천지방법원 2015.04.02 2015고단883
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 February 21, 2015, the Defendant: (a) around 00:05, 118 of the Namdong-gu Incheon Arts; (b) at the bus stops in front of the National Bank; (c) the victim C (29 years old) who was a taxi with a taxi and the problem of taxi riding; and (d) the Defendant shicked C with his hand once.

The defendant continued to take the face of C one time and took the face of the victim D(29 years of age) who resisted the defendant's behavior at one time.

Accordingly, the defendant assaulted victims.

2. The Defendant interfered with the performance of official duties at the time, time, and place specified in paragraph (1), and obstructed the police officer’s legitimate execution of duties concerning the arrest of a flagrant offender by taking into account the defect that F, upon receipt of a report, attempted to witness the above assault of the Defendant, to arrest the Defendant as an offender in the act of committing a crime, and the face of F, once.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to C, D, and F;

1. Application of statutes on photographs of damage;

1. Relevant Article 260 (1) and Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: Category 1 (Determination of Punishment) (General Violence) (Determination of Recommendation Area) (Determination of Recommendation Area), Basic Field / [Determination of Recommendation Area ] February to 10 (general person] / Whether or not to suspend the execution of sentence / Whether or not a person has a mental or physical disability (general person) / General / Reasons for Suspension of Execution / General / Decision of Suspension of Execution / Decision of Suspension of Execution / Decision of Punishment / Force of Performance of Official Duties] Basic Field / [Determination of Recommendation Area] Basic Field / [Scope of Recommendation Area] June to 1 year and 4 months [general person] - Mental or physical disability (general person responsible for suspended sentence] - General / Reasons for Suspension of Execution : Final Judgment that there is no criminal conviction above positive execution period.

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