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(영문) 인천지방법원 2017.08.31 2017고단5325
공무집행방해등
Text

A defendant shall be punished by imprisonment for one month.

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

Reasons

Punishment of the crime

The defendant has a weak ability to discern things or make decisions due to the early illness, etc.

1. On July 3, 2017, around 12:39, the Defendant obstructed the performance of official duties by assaulting the police officer’s legitimate performance of duties concerning processing of 112 reports by assaulting D’s left-hand son at hand without any justifiable reason, who was asked questions about the details of the report and specific details from D (the “Rabing E” recorded in the facts charged, shall be deemed to be a clerical error) to a police officer affiliated with the Incheon Southern-dong Police Station C District, which was called out after receiving 112 reports.

2. The Defendant violated the Punishment of Minor Offenses Act: (a) on July 3, 2017, the Defendant did not have died as the victim of the murder case; (b) on July 3, 2017, at around 05:23, the Defendant considered that he died of a fluorous fluorous fluorous fluorous fluor who died of his her fluorous fluorous fluorous s

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Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The 112 reported case settlement table, respectively;

1. Application of Acts and subordinate statutes to copies of medical records;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Options of imprisonment with prison labor) concerning the facts constituting an offense, and Article 3 (3) 2 of the Punishment of Minor Offenses Act (elective of penalty);

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered side effects of the following favorable circumstances and the inducement of the sentence):

1. Exemption of punishment: Article 5 of the Punishment of Minor Offenses Act (the punishment corresponding to the heavier crime is concurrently imposed, the degree of contribution of the defendant's disease to the defendant's report on telephone, the circumstance of mixed raising of the infant in the status of being treated with a mental and physical treatment, and the circumstances of difficulty, etc. shall be exempted);

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