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(영문) 인천지방법원 2016.07.14 2016고단3020
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 5, 2016, at around 20:42, the Defendant: (a) requested the Victim F (52) to find out a lost part of the police box affiliated with the Incheon Southerndong Police Station E (52) that was dispatched after receiving the Defendant’s 112 report; (b) however, on the ground that the victim did not find out the body, and gave guidance to the organic check center, the Defendant expressed that “the Defendant carried out the duty of tax in the Republic of Korea on the ground that “the Defendant was feasting fe, receiving money from the surroundings, and drinking feass,” and carried the chest at least three times on the victim’s hand.

Accordingly, the injured person arrested the defendant as the current offender, and the defendant did so in a time one-time manner by cutting down the victim's kis, cutting down the kis, and cutting down the kis.

As above, Defendant assaulted police officers to interfere with legitimate performance of official duties concerning handling 112 reports and arrest of flagrant offenders, and at the same time, the victim injured the victim, such as knee kne kne se kne se kne se se s

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. Where he/she interferes with the execution of public duties in the aggravated area (six months to two years) (special aggravated persons) of Class 1 (general injury) general injury to the person in question;

2. Determination of sentence should seriously punish a police officer who performed official duties by exercising violence. However, the defendant deposited KRW 80,000 to recover damage, there is no record of punishment exceeding a fine for the defendant, and the defendant's age, occupation, sex, environment, and crime of this case.

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