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(영문) 인천지방법원 2016.11.30 2016고단5312
공무집행방해
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 29, 2016, around 03:25, the Defendant, while under the influence of alcohol before the “F convenience store” located in the Nam-gu Incheon Metropolitan City E, was able to take a bath to the above H as “this spath and bruth test,” and used the spath to take the spath, and assault the h’s spath in drinking.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to H;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is very high, and the period of probation is too limited due to violent crimes, and therefore, the period of probation is less than the period of probation. Therefore, it is deemed necessary to strictly punish the instant crimes. However, considering the circumstances favorable to the fact that the instant crimes have been committed under the influence of alcohol, by a person under the influence of alcohol, by contingency, and by a considerable amount of money is deposited for the victim.

Furthermore, taking into account the sentencing guidelines stipulated in Article 51 of the Criminal Act, such as the defendant's age and environment, the sentencing is set within the scope of the sentencing guidelines and the execution of the sentence is suspended.

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