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(영문) 인천지방법원 2014.11.20 2014고단7319
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On October 5, 2014, at around 00:25, the Defendant violated the Punishment of Violences, etc. Act (Assault, such as a group, deadly weapon, etc.), the Defendant, at the Defendant’s residence located in the Namdong-gu Incheon Metropolitan City, 101 Dong-gu, 604, expressed the victim’s wife D (here, 48 years of age) the same bit of bitch,” and assaulted the victim, under the influence of alcohol, at the time of fraud, etc., which is a dangerous thing in the fireworks branch, which is a dangerous thing in the ward.

2. The Defendant, at the time, at the place, and at the time, and at the place, the Defendant reported that he assaulted her wife D, and the police officer affiliated with the Incheon Southern Police Station E-districted to the Defendant, expressed that “F was bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch son,” she expressed the Defendant’s desire to f’s hand, and f’s hand was f’s handed with the victim’s chest, and the Defendant continued to face the victim’s chest with both hand.

Accordingly, the Defendant assaulted Fman F and obstructed the legitimate execution of duties by police officers concerning the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of F and D (including the G statement part);

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs of damaged areas;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 260 (1) and 136 (1) of the Criminal Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment of Violences, etc. with Excessive Punishment Act shall be aggravated within the scope aggregated with the punishment imposed for a violation of the Punishment of Violences, etc. with Excessive Punishment Act)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

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