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(영문) 인천지방법원 부천지원 2016.03.23 2016고단272
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 December 10, 2015, the Defendant reported as a taxi engineer before the Seocheon-si Police Station C District of Seocheon-gu, Seocheon-gu, Seocheon-si, Seocheon-si, B on December 10, 2015, and received a report from the Defendant, who was working in the said district, D, who was working in the si, Seocheon-gu, Seocheon-gu, Seoul Police Station C District, where D, who was working in the said district, was shouldered, and the Defendant was shouldered for the same year.

"A hacker who takes a bath, was able to take one-time face of the above D's right face, walking two-times of the clothes, and assaulted the head part at one time with a bad hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of Acts and subordinate statutes written in E;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [the scope of recommendation] The reason for sentencing under Article 62-2 of the same Act, Article 59 of the Act (the Act on the Observation, etc. of Protection, etc.) is the basic area (from June to January 4) of the Act on the Obstruction of the Performance of Official Duties, and there is no special sentencing person [the decision of sentencing] [the decision of sentencing]: The defendant seems to have led to the confession of the crime of this case and has been divided into his mistake; the defendant has not yet been punished until he has yet to be punished by a fine; the crime of this case is used for violence against the police officer dispatched due to his mistake; the defendant is not well aware of the fact that the crime of this case has already been committed several times, and the degree of interference with official duties due to the assault of this case and other circumstances under Article 51 of the Criminal Act shall be determined within the scope of the sentencing guidelines as ordered.

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