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(영문) 인천지방법원 2019.08.22 2019고단3745
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 16, 2019, at around 07:35, the Defendant committed assault, such as assaulting the victim E (the aged 32) of the police officer assigned to the Incheonnam Police Station D District Police Station, dispatched to the site after receiving a report by the mother of the Defendant on May 16, 2019, at the residence of the Defendant of the building C of the Namdong-gu Incheon Metropolitan City building B, and “nicking children”, and assaulting the victim’s breast part by hand, thereby obstructing the police officer’s legitimate performance of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. On-site photographs and photographs, the details of the 112 Incident reported, and the application of statutes governing Baduks;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant recognized the crime and divided the wrong facts, the degree of obstruction of performance of official duties is minor, and the fact that the defendant did not have any past and criminal records beyond the fine is considered as favorable circumstances.

Other circumstances, such as the age, character and conduct, circumstances of the crime, and circumstances after the crime, shall be determined as per the order.

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