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(영문) 인천지방법원 2015.07.07 2015고단2850
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

At around 16:41 on April 23, 2015, the Defendant assaulted “D” on the street in Yeonsu-gu Incheon Metropolitan City, and “D” on the street, 112 reported and sent out by the Defendant, i.e., the background F(55 years old), background G(44 years old) of the Incheon Yeonsu Police Station E-gu, which was called out, to return home from the E-gu, Incheon Training and Police Station E-gu, which was called out, one time as a hand-on by the Defendant, who was able to go home from G(44 years old), and one time as a hand-on on the right side of the F who prevented it.

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning the prevention and investigation of crimes, and at the same time, the Defendant committed “inception and mouth damage and scambling,” which requires approximately 1-2 weeks medical treatment to the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Application of statutes to photographs of victimized police officers;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (each crime of obstruction of the performance of official duties, each one of the crimes of bodily injury, and punishment prescribed for the most severe crime of bodily injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] General Injury (Article 62-2) / In the case of the basic area (Article 1 to April 1) (Article 4) / In the case of the obstruction of performance of official duties (Article 1 to 4) / In the case of the obstruction of performance of official duties by two police officers / In the case of the obstruction of performance of official duties by two police officers / In the case of the obstruction of performance of official duties by one of them, the crime has not been committed; there is no agreement with the damaged police officers; there is no same record; there is two times of fines; criminal records; the defendant's age, character and conduct, environment; the motive and circumstances leading to the instant crime; and other circumstances after the instant crime, etc., the punishment as ordered in the Disposition shall be determined.

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