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(영문) 인천지방법원 2016.09.30 2016고단5569
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On December 23, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Central District Court on December 23, 2015 and completed the execution of the sentence at the Seoul Detention Center on June 8, 2016.

[2] On August 14, 2016, at around 07:20, the Defendant was urged to pay the taxi fee from E and return home from the head of the Incheon Southern Police Station D police station, which called “the personnel in arrears of taxi passengers” in the south-gu Incheon Metropolitan City, by receiving a report from 112 on the street in front of C, located in the Southern-gu, Incheon, Nam-gu, Incheon, and recommended to pay the taxi fee and return home.

C. Franchise, franchise, and Rabse, expressed the desire for the above E’s shoulder by hand, and used the above E’s blue blue blue with multiple tights and blue blue blue with the above E’s blue in one time.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographss by capturing each on-site video;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), text of judgment, and Acts and subordinate statutes on the acceptance of individuals;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of punishment] There is no basic area (6 months to 1 year and 4 months) (the person who has been subject to special sentencing] [the decision of sentencing] [the fact that the defendant is against the defendant, and that the defendant recognizes the crime, etc. are considered as favorable to the defendant.

However, the defendant has already been sentenced to criminal punishment over several times, and even before the judgment, even though he has been committed with a repeated crime, he has committed the crime of this case again, and it is reasonable to sentence the defendant to a punishment.

In this context, the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc. of this case and all the sentencing conditions mentioned in the theory of changes shall be determined as ordered by considering the following factors.

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