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(영문) 인천지방법원 2015.08.13 2015고단2601
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

1. On April 14, 2015, at around 23:00, the Defendant obstructed the operation of the restaurant for the victim by exercising power, such as: (a) the Defendant, while drinking alcohol with the victim’s D 1st floor in Nam-gu Incheon Metropolitan City, together with two other persons, and drinking alcohol; (b) the Defendant’s interference with the operation of the restaurant for the victim, by using force as follows: (c) the Defendant’s interference with the operation of the restaurant, i.e., drinking alcohol and drinking alcohol on the floor; (d) the Defendant’s interference with the operation of the restaurant, i.e., the Defendant’s interference with the operation of the cream, g., going to go away from the business place; and (e) continued going to go away from the business place; and

2. The Defendant was trying to continue to commit an assault to the police officer, a police officer belonging to the Southern Police Station G District G District of the Southern Police Station, who was called out after receiving 112 reports at the above time and place, and attempted to stop the assault to the Hab F, etc., even when checking the circumstances of the instant case. The Defendant was at one time at the right face of the victim I.

Accordingly, the defendant interfered with the legitimate execution of duties of the police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and D;

1. A report on investigation by telephone;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, 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. Although the reason for sentencing under Article 62-2 of the Social Service Order Act is not good, the circumstances leading to the crime, the victim D’s agreement, the recognition of and reflects on the crime, the fact that there was no record of the same kind from 192 to the transfer of this case, and other circumstances revealed in the argument of this case and the sentencing conditions shall be determined as indicated in the text.

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