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(영문) 인천지방법원 2019.07.11 2019고단2409
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. Around 23:40 on March 10, 2019, the Defendant: (a) expressed that the victim D (manam and 22 years of age) who was cleaned at “C” toilets located in Nam-gu, Incheon, Nam-gu, Incheon; (b) she resisted the victim, she satisfyed, pushed the victim’s chest, pushed the victim’s chest into the wall, pushed the victim into the wall, pushed the victim into the wall, pushed the victim into “C,” and assaulted the victim’s face one time in his/her hand while drinking and drinking.

2. On March 10, 2019, at around 23:55, the Defendant: (a) reported by 112, that “the male her son was dead,” and confirmed the circumstances of the instant case; (b) the police officer of the Incheon Western Police Station E District Police Station, who called “F, her driver, her driver, her driver, her driver, her driver, her driver twice; and (c) the circumstances in which he/she belongs to the same global group were tight; and (d) the Defendant expressed his/her desire to her face at one time with his/her hand.

As a result, the Defendant committed violence against police officers, thereby hindering police officers from performing their legitimate duties on handling reports and preventing crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and D;

1. Each statement of D and H;

1. Application of Acts and subordinate statutes concerning internal investigation reports (on-siteCCTV verification), CCTV images, and police officers' video CDs;

1. Article 136 (1) and Article 260 (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 each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: A person has been punished three times by a fine due to a previous violent crime;

Police officers and assault victims are punished for the accused.

The favorable circumstances: Recognizing the crime, the mistake is divided.

There is no history of punishment exceeding a fine.

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