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(영문) 인천지방법원 2015.01.15 2014고단8677
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

At around 23:40 on November 23, 2014, the Defendant: (a) assaulted the police officer’s 112 report face, and obstructed the police officer’s legitimate execution of duties, and at the same time, interfered with the victim D (year 28) with legitimate execution of duties regarding the duty of reporting 112, on the ground that D’s policeman belonging to the Bupyeong Police Station C District of the Bupyeong Police Station called out after receiving a report that he was under the influence of alcohol would restrain the Defendant from wearing the Defendant’s cating the Defendant’s catch; and (b) assaulted D’s face of the above D’s 10-day treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the injured party photograph and diagnostic certificate;

1. Article 257 (1) of the Criminal Act and Article 136 (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 (the crimes of obstruction of the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of serious injury);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Application of the sentencing criteria [Categories of Crimes of Obstruction of Performance of Official Duties] There is no person who has been forced to perform official duties (special and general sentencing) (the scope of decision-making and recommendation-making in the recommended area]: Six months to one year and four months;

2. The determination of the sentence is not good, but is not heavier than the degree of injury, there is no criminal history exceeding the fine since 1987, and it reflects one’s wrongness, and the victim’s wife deposited KRW 2 million in the future, and the Defendant’s wife wanting to find the Defendant’s wife, and other various sentencing factors revealed in the process of the trial and the records of this case, including the Defendant’s age, character and conduct, environment, and criminal record, as indicated in the order.

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