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(영문) 인천지방법원 2016.04.08 2016고단236
공무집행방해
Text

Defendant

A Imprisonment for six months, each of the defendants B and C shall be punished by a fine of three thousand won.

Defendant

B and C above fine.

Reasons

Punishment of the crime

Defendant

A is the business of Finging in the second floor of the Yeonsu-gu Incheon E building, and Defendant B is the children of Defendant A, and Defendant C is the workers of singing.

At around 22:50 on December 21, 2015, the Defendants received a report from the police officers and I belonging to the Yeonsu-gu Incheon Police Station G District, which called out after receiving a report from 112 that they are selling an instrument and be in possession of an instrument within a singing room, and received a request from H and I to open a room for an indoor singing room. Defendant A and Defendant B sent to the police officers’ body, and obstructed the door of the room, and Defendant C committed assault, such as putting the police officers I’s body.

Accordingly, the Defendants jointly interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H and I;

1. An injury diagnosis certificate (H);

1. Application of Acts and subordinate statutes of each photograph (21 pages, 23 pages of investigation records);

1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 136(1) and 30 of the Criminal Act

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act (limited to a violation of the performance of official duties by police officers H and a violation of the performance of official duties by police officers I);

1. Determination of imprisonment with prison labor for Defendant A, and fine for Defendant B and C, respectively;

1. Defendant B and C in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62(1) of the Criminal Act (the grounds specified in the following sentencing shall be considered);

1. Defendant B and C: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Application of the sentencing guidelines to Defendant A [the scope of applicable sentences] from January to five years [the determination of types], which interfere with the performance of official duties, Category 1 (Interference with and Forced Performance of Duties) [the determination of the sphere of recommendation], basic area, June to April 1.

2. The Defendants’ decision-making on sentence against the Defendants interfered with the legitimate performance of official duties by police officers who have been under the control of their business place, and the said Defendants.

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