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(영문) 인천지방법원 2017.01.19 2016고단8039
공무집행방해
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 11, 2016, around 06:45, the Defendant was written on the roads near Seo-gu Incheon, Seo-gu, Incheon, and on the street.

12 Reporting 112, “Isnisher D and E, a police officer belonging to the Incheon Western Police Station C District Police Station of the Incheon Western Police Station, on the ground that Isnisher B and Isnish the Defendant.

This Chewing gushes ...." and ... "Is the death of the dog...."

“Abrupted with a large sound, plucking or plucking up the left hand of E with his hand, pushed up D’s shoulder which continuously prevents it, and interfered with police officers’ legitimate performance of duties concerning the handling of report by 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Investigative reports (to hear statements from victims);

1. Application of the Acts and subordinate statutes to photograph damaged photographs and caps;

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

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to one year and four months) (no person in special sentencing) shall interfere with the performance of official duties;

2. Although the Defendant, even though having had the record of punishment for the same kind of crime, should severely punish the police officer who performed official duties, the Defendant appears to recognize and reflect his/her crime, there is no record of punishment exceeding the fine, and the Defendant’s age, occupation, sex, environment, and the circumstances before and after the instant crime, etc., shall be comprehensively taken into account all the sentencing conditions indicated in the records, such as the Defendant’s age, occupation, sex, circumstances before and after the instant crime.

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