logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.10.28 2015고단5679
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 14, 2015, the Defendant violated the Punishment of Violences, etc. Act (joint assault) with C and D, and carried out meals at “F” restaurant located in Namdong-gu Incheon Metropolitan City on July 21, 2015, on the ground that the victim G (n, 44 years of age) who was on the right side of the instant group was called “F” restaurant, and the victim H (n, n, e.g., older 41 years of age) went back to a restaurant, and followed the Defendant by taking a meal, and then the Defendant was sleeped of the victim’s boom, C was sealed by the victim’s shoulder, and D was pushed up once the victim’s shoulder.

Accordingly, the defendant assaulted victims jointly with C and D.

2. On July 14, 2015, the Defendant committed an assault before the restaurant of the above “F,” and the “F,” around July 21:52, 2015, the Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of the report by assaulting the 112 police officer, by putting a flab sat around the International Police Station of the Incheon Southern-dong Police Station, which was called out after receiving 112 report, by cutting down the flab of J’s flab, and by

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D or C;

1. Application of each police protocol to H, G, and J

1. Relevant Article 2(2) and (1)1 of the Punishment of Violences, etc. Act concerning the crime, the choice of each punishment, Article 2(2) and (1)1 of the Criminal Act, Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor;

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

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

1. Application of the sentencing criteria;

(a) Basic crime: Type 1 (Obstruction of Performance of Official Duties and Forced Obstruction of Duties) of the obstruction of performance of official duties (the scope of recommending punishment), six months to one year and four months;

(b) Concurrent Crimes Nos. 1 and 2: Joint Violence [Determination of Punishment]. Type 1 (General Violence): Reduction element: In a case where two or more persons jointly commit a crime (a person who has been specially punished): one month to eight months;

(c) Aggravation of multiple offenses:

arrow