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(영문) 인천지방법원 2016.04.29 2016고단1216
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 March 6, 2016, around 13:50 on March 13:50, 2016, the Defendant was faced with disturbance, such as running sound around the north Square in the vicinity of the Dongcheon Station, Dongcheon-gu Incheon, Incheon, which is a police police officer belonging to the Jungbu Police Station C of the Incheon Jungbu Police Station, due to the occurrence of anxiety, and thus, the Defendant’s notice of the defect to the above D is “a police officer”;

Dock Doctrine Doctrine Doctrine

"........... is the floor of the hand, violence was committed at one time at the same time.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendations] [the grounds for sentencing under Article 62-2 of the Criminal Code / [the scope of recommendations] There is no person who has a basic area (the period from June to April) (the period from June 1) [the person who has a special sentencing] [the decision of sentence] 8 months of imprisonment, the period from the suspension of execution 2 years against the defendant and confessions; the defendant has no record of being punished for a crime of the same kind; the defendant has no record of being punished for a crime of the same kind; the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, etc. shall be determined as above in full view of the records of this case and all the conditions of sentencing

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