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(영문) 인천지방법원 2015.09.02 2015고단3515
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

On June 10, 2015, at around 03:45, the Defendant obstructed the police officer’s legitimate performance of duties, such as obstructing the police officer’s face twice and once again, on the ground that the slope C belonging to the Bupyeong Police Station on duty was prevented from assaulting D while working as a problem of taxi drivers D and fare.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of the Acts and subordinate statutes to cut booms video images;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the sentencing guidelines for recommendation [the scope of the sentencing guidelines] the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) (no person specially punished);

2. Determination of sentence recognizes and reflects the offense of this case, and the fact that the defendant was deposited for police officers C is favorable, and the offense of this case was committed by the defendant before the principal official of the Bupyeong Police Station and the nature of the offense is not good, and the fact that the defendant was punished for the same kind of crime was committed under unfavorable circumstances, and the punishment as ordered shall be determined by taking into account the defendant's age, character and behavior, environment, motive and circumstance leading to the offense of this case, circumstances after the crime, etc.

Public Prosecution Rejection Parts

1. Around 03:45 on June 10, 2015, the Defendant committed assault against the victim, on the part of the main station of Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, Bupyeong-gu, 511, on the part of the main station of the 511 Bupyeong Police Station, on the part of the victim D(62 years of age) driving, on the part of the victim as a matter of the fee with the victim, on the part of the victim, and on the part of the victim, on the part of the part of the victim

2. This part of the facts charged is an offense falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

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