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(영문) 인천지방법원 2018.04.05 2018고단1425
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On November 25, 2014, the Defendant was sentenced to five months of imprisonment by the Incheon District Court for interference with the performance of official duties, and completed the execution of the sentence on March 4, 2015 at the Incheon Detention Center.

[2] On February 25, 2018, at around 04:45, the Defendant: (a) received a report from “D” restaurant located in the Namdong-gu Incheon Metropolitan City, and “D” restaurant; (b) received a disposition of penalty notice as to drinking disturbance, etc. from F of the police box affiliated with the police box called out and G police officers; and (c) received a disposition of penalty notice from “B” as to drinking disturbance, etc.

p. Ne.

1. Doesctrine

“A sound,” and the above patrolman’s face at least once in the left hand of the G.

Accordingly, the defendant assaulted a public official who performs legitimate duties in the suppression and prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A H statement;

1. Notification of its territory, notice of disposition, and notification of 112 reported departments related to the reporting of the case;

1. A investigation report (on-site CCTV images);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation ( repeated crime and previous convictions of the same kind);

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes is the crime committed during the period of the same repeated crime in the period of imprisonment with prison labor for one year to four years (a year to four years) where the aggravated area of punishment (a person who interferes with the performance of official duties and coercion of duties) is aggravated (a person who is specially aggravated).

It has already been punished by a fine due to the crime of interference with business during the period of repeated crime.

Since it repeatedly commits a crime of assault against police officers called out after receiving a report on his/her behavior against small merchants, it is required to severely punish them.

However, it is against the recognition of his mistake and reflects, and the circumstances of gold and medical treatment, the degree of violence used by the defendant, and the age, sex, family relationship, etc. of the defendant.

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