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(영문) 인천지방법원 2018.01.11 2017고단8290
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 11, 2017, the Defendant: (a) around 22:40, while boarding and leaving a E-car driven by D in front of Incheon Jung-gu, Incheon, Jung-gu, the Defendant expressed a bath to “Korean Police Chewing” when D was under the control of drinking by the victim F, etc. of the police officer belonging to the Incheon Jung-gu Police Station.

In addition, when the defendant was forced to cross without permission several times from the victim without permission at the enforcement site, the victim's pelle and sexual spelle are met with both hands, and the victim's pelle "it may be applicable to forced indecent act" was heard from the victim, and the victim's right gale was at one time.

Since then, as the victim moved to India along with the victim, the victim's left side is cleeped once every time, and the victim's left side is walking with the victim's right side, and the victim's click is wheeling with the blick and blicking with the flick.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the prevention or suppression of crimes, and at the same time, the Defendant got a high level of 14-day medical treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime;

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 suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act 【Reference to Sentencing Criteria】 interference with the performance of official duties (see, e.g., sentencing guidelines for at least six months; commercial concurrences; consideration of the lower limit of the recommended sentence ] 【decision of the sentence】 The police officers taking charge of drinking control have repeated violence involving injuries to the police officers who are in charge of the crackdown on drinking control, thereby making the legal large character and behavior or the attitude of public authority seriously above that of the times. The dependence or crime associated with the tendency of harming the police officers.

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