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(영문) 인천지방법원 2014.05.22 2014고단2449
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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 March 26, 2014, at around 04:30, the Defendant: (a) expressed dhop in front of the Incheon Bupyeong-gu Dhop in Bupyeong-gu, Incheon; (b) expressed a bath to the said F on several occasions, namely, “at least three occasions she was urged to invalid from the horse F of the Incheon Bupyeong Police Station E District 1 Team affiliated with the police officer of the Incheon Bupyeong Police Station E District 1 Team, who was called by a guest upon receiving a report of his disturbance; and (c) took a bath to the said F, without any justifiable reason, the Defendant was able to take off the glass window of the patrol car parked in the said place on his hand; and (d) said F was able to take the victim’s face with the left hand when she sawed the f’s f’s f’s bat with the victim’s hand.

Accordingly, the defendant assaulted police officers in the process of performing official duties, thereby hindering police officers from performing their legitimate duties on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to photographs of victims);

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

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

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The execution of a sentence shall be suspended only once, considering the following factors: (a) the basic area of the first category of obstruction of performance of official duties (for six months to one year and four months) [no person who has a special appearance] [decision of sentence] the defendant has the same criminal records as a defendant several times; (b) the police officer has been dispatched to the site; (c) the defendant should be sentenced to a severe punishment; (d) the defendant is in his depth; (d) the defendant has no criminal records exceeding the suspension of execution; and (e) the defendant has been detained for two months in the instant case; and (e) the defendant appears to be against his/her daily life through such detention; and (e) probation, etc. shall be added

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