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(영문) 인천지방법원 2015.04.09 2015고단397
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

1. On December 5, 2014, at around 00:38, the Defendant damaged the victim’s property by putting the entrance door 502 of the above telecom on the ground that she was bad in drinking water from “Emotour” managed by the victim D located in Nam-gu Incheon Metropolitan City, on the ground that she was bad in drinking water, and continuously selling the wall in the fifth floor to drinking water, and continuously displaying the entrance door of the above 403 telecom.

2. On December 5, 2014, the Defendant, at around 01:00, arrested and accompanied by a flagrant offender of the damage and damage of property in G District F in Nam-gu, Incheon, as a flagrant offender of the damage and damage of property, and threatened the victim of the damage and his/her daily behavior, and threatened him/her as if he/she exercised violence, and the police officers, who belong to the Incheon Southern Police Station G District patrol Team 1 Team of the Incheon Southern Police Station, restrains the police officers from doing so, and interfered with the legitimate performance of official duties concerning the arrest of police officers and the prevention of crimes by assaulting the police officers and the police officers, who were in charge of the patrol of the G District G District 1 Team of the Incheon Southern Police Station, twice

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor (decision of sentence] imprisonment with prison labor for six months, suspension of execution of two years, and community service for 80 hours;

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