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(영문) 인천지방법원 2016.11.17 2016고단7020
공무집행방해
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 became final and conclusive.

Reasons

Punishment of the crime

On September 21, 2016, at around 23:05, the Defendant: (a) was wraped at the 4 Dongcheon-gu, Incheon, Dongcheon-gu, Incheon, with a view to seeing that the Defendant returned to the scene after receiving a report of 112, from C, the background leading up to the Incheon Jungbu Police Station B District, which was called to the site; and (b) “drawing as soon as bit of bitch, chuck,” and assaulted the said C’s chest twice by both hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of the photograph (CCTV image) Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. There is a need to strictly punish the act of exercising force to police officers who perform the reason for sentencing under Article 62(1) of the Criminal Act, and the defendant has a record of criminal punishment on several occasions, including the record of punishment for the same kind of crime.

However, considering the favorable circumstances, such as the fact that the defendant led to the confession and reflect of the crime, and the degree of tangible force exercised by the police officer is relatively minor, the sentencing conditions such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime shall be determined in line with the order.

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