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(영문) 인천지방법원 2017.01.19 2016고단7919
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 17, 2016, at around 01:05, the Defendant: (a) boarded the back seat of the taxi operated by the victim D (C) in front of the singing line in Namdong-gu Incheon Metropolitan City (C) on the top of the taxi; and (b) subsequently, the Defendant inflicted injury, such as damage to the victim’s head, etc. of the victim’s 4 to 5 times in drinking, by taking off the victim’s head, etc. from around 10 days to around 10 days, by putting the victim into a breath of the victim’s shoulder who would display flab, and flad the victim’s head, etc., and flading the victim from the damaged vehicle, flading the victim’s head, etc., who fladd the victim’s head, and fladding the victim’s head, etc. for 10 days.

2. On August 17, 2016, at around 01:15, the Defendant: (a) expressed that, at the time of the instant case, Gman affiliated with the F District Group of the Incheon Southern-dong Police Station, who was dispatched to the site after receiving a report from the Nam-gu Incheon, Nam-gu E-ro, Incheon, would have expressed the reporter and currency to the said G as “Isk for e-mail, ring,” and interfere with the legitimate police officer’s duty of handling reports at one time at the seat of the said G at one hand.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to D or G;

1. Application of Acts and subordinate statutes to inquiries, such as a report on investigation, victim D photograph, copy of the list of reported cases processing, diagnosis of injury, and criminal history;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of recommendations for the sentencing criteria;

(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) in the basic area (six months to one year and four months);

(b) Category 2 (Assaults) (Extent of recommendations) general injury.

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