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(영문) 인천지방법원 2017.03.31 2017고단408
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 4, 2017, at around 05:20 on January 4, 2017, the Defendant: (a) reported the assault incident to the Defendant on the street in front of “Creing room” located in the Namdong-gu Incheon Metropolitan City, Incheon; and (b) to E affiliated policemen of the Incheon Southern Police Station D District; (c)

C."C." B. E. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. C. H. H. H. H.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, E, and F;

1. A report on investigation;

1. Application of Acts and subordinate statutes governing damage and on-site photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a person who has committed a crime with heavier punishment for obstructing the performance of official duties against E);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] and the basic area (the period of imprisonment is not applicable in the case of crimes involving six months to one year and six months, and the case of ordinary concurrent crimes, but the sentencing criteria are commercial concurrence between the same obstruction of the performance of official duties, and the sentencing criteria are refer to the person who is subject to special sentencing] (the person who is subject to special sentencing).

2. The fact that the Defendant who was sentenced to criminal punishment several times as a violent crime has a record of criminal punishment, that the Defendant assaults a police officer who wears a uniform to commit a crime, and the degree of assault is not good, and that the degree of assault is not less than that of the crime, and that the crime of obstructing the performance of official duties requires strict punishment for the purpose of protecting the national legal order and eradicating the light of the public authority, etc.

However, the fact that the defendant recognizes the crime as a serious reflect, and that the defendant is able to receive treatment for alcohol dependence to prevent recidivism.

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