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(영문) 인천지방법원 2014.11.28 2014고단7472
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 29, 2014, the Defendant engaged in obstruction of performance of official duties: (a) on the street in front of “D” located in the Southern-gu Incheon Metropolitan City, Incheon; (b) under the influence of alcohol, and (c) took a bath to the head G belonging to the F Zone G of the Incheon Southern Police Station, which was dispatched to the site after receiving a report from “D”, and the head of the Incheon Southern Police Station G, and the security guards belonging to the same district, who was called to the site upon receiving a report from “D”, and went to the front seat of the police patrol vehicle and opened a door to the front seat of the police patrol vehicle, and (d) the said H puts the front seat of the said H on one-time basis; and (e) put the arms of the said G, who continued to grow, into the upper seat of the police patrol vehicle, on one-time basis.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch duty of the police officer 112 report.

2. The injured Defendant: (a) prices the victim H face as drinking once as stated in paragraph (1) at the time, place, and as described in paragraph (1); (b) put the victim G’s arms into the floor by double descendants and put the victim H on the part of the inner part, which requires approximately three weeks of medical treatment; and (c) put the victim G on the part of the arms elbow, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1) of the Criminal Act and Article 257 (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;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the sentencing guidelines on the recommendation [the scope of the sentencing guidelines] general injury (the scope of the recommendation] general, the basic area (the April to one year and six months), the punishment (including the special mitigation), the non-compensation (including the serious effort for recovery of damage), or the considerable partial damage has been restored / Cases of obstruction of performance of official duties;

2. The fact that the defendant who was sentenced to the sentence leads to confession and reflects the crime of this case, and is in the same kind and suspended sentence.

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