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(영문) 인천지방법원 부천지원 2017.01.20 2016고단721
공무집행방해등
Text

A defendant shall be punished by imprisonment for 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

[2016 Highest 721]

1. On February 11, 2016, the Defendant: (a) around 22:50 on the front of the ridged section of the Nowon-gu Seoul Special Metropolitan City, Seocheon-si, the Defendant: (b) received 112 reports; and (c) obstructed the police officer’s legitimate performance of duties by placing C’s chest on his/her hand with his/her face twice with his/her hand when he/she was sent to the site by a slope C belonging to the Seowon-gu Seoul Special Police Station B police station, Seocheon-gu, Seoul Special Metropolitan City, where he/she was sent to the site and was called to return home; and (d) he/she interfered with the police officer’s legitimate performance of duties.

[2016 Highest 3325]

2. On December 5, 2016, around 23:30 on December 5, 2016, the Defendant interfered with the victim’s duties, including 30 minutes of erosion spiting and lying down on the floor of the business site, by giving severe bathing to the victim F (n, 58 years of age) who demanded the Defendant to enter the E main shop located in Bupyeong-si D to pay the drinking value.

Summary of Evidence

[2016 Highest 721]

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement protocol with respect to C and G (2016 high group 3325);

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of F and H;

1. Application of the Acts and subordinate statutes governing receipts and field photographs;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 314 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (including circumstances favorable to the accused);

1. Sentencing;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

(b) Class 2 Crimes (Obstruction of Duties) [Scope of Recommendation] Obstruction of Duties, Type 1 (Obstruction of Duties) (No. 1 month to 8 months) (including Special Reductions)] Suspension of Punishment (including a serious effort to recover damage);

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year;

2. Determination of sentence:

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