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(영문) 인천지방법원 2015.06.11 2015고단2059
공무집행방해
Text

A defendant shall be punished by imprisonment for a period of five 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

On April 5, 2015, at around 00:20, the Defendant refused to return home while taking a bath to the above police officers, and obstructed C’s legitimate execution of duties related to the prevention, suppression and investigation of crimes by assaulting assaulting, by obstructing C’s face level on one hand, and obstructing C’s face level on one occasion, and obstructing C’s duty to prevent, suppress, and investigate the police officer’s lawful execution of duties, by assaulting and assaulting the Defendant and the Defendant’s wife.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

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

1. Reasons for the sentencing of Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] : Violation of the obstruction of performance of official duties [Special Character of Performance of Official Duties] - Where the degree of assault is insignificant: [Determination of the recommended area] mitigated area (one month to eight months of imprisonment] - Where the degree of assault is insignificant - Where the degree of assault is minor - there is no positive reflectivity, or there is no criminal record of suspension of execution or heavier punishment (decision of sentence ] The above sentencing factors and the fact that a summary order of KRW 50,000 has been received by the act of disturbance within the police box on February 19, 2015. Imprisonment with prison labor for five months, suspension of execution two years, and community service for two hours.

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