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(영문) 인천지방법원 부천지원 2015.06.18 2015고단1214
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around April 6, 2015, the Defendant assaulted victims, including the victim D(24 years of age) who had drinking together through tin Mann-Nam, under the influence of drinking without any special reason, at 4 studs at 'C' 'C', located on the 1st floor B of Seocheon-gu, Seocheon-gu, Busan Metropolitan City, Seocheon-gu, Seoul, and the victim’s head e (25 years of age) after drinking without any special reason.

2. On April 6, 2015, at around 03:20 on April 6, 2015, the Defendant: (a) arrested the Defendant in the act of committing an act of committing a crime under the same suspicion as that of the preceding paragraph at the Jung-gu Seoul Special Metropolitan City Jung-gu Police Station and the Criminal Team waiting room located in Seocheon-gu, Seoul Special Metropolitan City; and (b) assaulted the Defendant at one time by taking the right-hand by the police officer, who is the police officer in charge of the instant case.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the Acts and subordinate statutes to the criminal place (hereinafter referred to as "offenders"), investigation reports, and investigation results reports;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act and 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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of recommendations;

(a) Basic crime: the crime of obstruction of performance of official duties (determination of types of punishment), the sentencing criteria for the crime of obstruction of performance of official duties, the obstruction of performance of official duties, and the first category [the scope of recommending punishment] (the scope of recommending punishment), six months to one year and four months (basic area);

(b) 1 and 2 concurrent crimes: Each of the assault crimes (determination of types), the sentencing criteria for violent crimes, the assault crime and the general assault (type 1) (no person specially punished) (a person subject to recommendation) (a person subject to recommendation) shall be punished by imprisonment for not less than 2 months to 10 months (basic area);

(c) Criteria for handling multiple crimes: Imprisonment with prison labor for six months to two years (in addition, 1/2 of the upper limit of concurrent crimes 1, 2, 1/3 of the upper limit of basic crimes);

2. Determination of sentence: Imprisonment for not less than eight months; and

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