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(영문) 인천지방법원 2019.09.05 2019고단5242
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On August 24, 2016, the Defendant was sentenced to six months of imprisonment with prison labor at the Incheon District Court for the obstruction of performance of official duties, and completed the execution of the said sentence on December 18, 2016.

On August 4, 2019, at around 04:30, the Defendant: (a) committed assaulting the police officer’s lawful performance of duties concerning the handling of 112 reports on the following grounds: (b) C District belonging to the Michuhol-gu Police Station C District, Michuhol-gu Police Station C District, which was called “C District,” and on the ground that he/she was able to have the Defendant, who was under the influence of alcohol, returned home to the road by drinking; (c) he/she was able to have the Defendant, who was under the influence of alcohol.” (d) on the road in front of Michuhol-gu Incheon, Michuhol-gu, Incheon. (d) on the ground that he/she was able to wear back the Defendant, who was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation (booms CCTV investigation) and on-site CCTV photographs;

1. Previous convictions: Application of Acts and subordinate statutes on criminal investigation reports (date of release and reporting on confirmation of repeated crimes);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is to recognize and reflect the crimes.

The degree of violence cannot be viewed as being serious.

However, if the defendant, who has been punished five times due to the obstruction of performance of official duties, commits the crime of this case at the same time during the period of repeated crime, and the responsibility for the crime of this case is heavy.

The attitude of repeated crime of this case is the same as that of the repeated crime of this case.

Comprehensively taking into account such circumstances as well as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence shall be determined as ordered.

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