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(영문) 인천지방법원 2014.11.14 2014고단6398
공무집행방해등
Text

A defendant shall be punished by imprisonment for 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.

(e).

Reasons

Punishment of the crime

On September 18, 2014, at around 21:40, the Defendant was arrested as a flagrant offender on the charge of violence in the Namdong-gu Incheon Metropolitan City's C apartment street, and was compelled to take custody of the police station in the Incheon Southern Police Station located in 668 and the police officer in the above watchkeeping room as of 21:41, Namdong-gu, Incheon, Nam-gu, Incheon, Seoul, to take care of the police officer in the above watchkeeping room, and was in assaulting the police officer's face at one time at the floor, thereby hindering the legitimate execution of duties regarding the criminal affairs of the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to F, G, and E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. The scope of the sentencing guidelines for recommendation [the scope of the sentencing guidelines] the basic area (six months to one year and four months) of the obstruction of the performance of official duties (the obstruction of the performance of official duties) (the scope of the sentence for recommendation];

2. The sentence shall be determined as ordered in consideration of the fact that the defendant who was sentenced to the punishment of this case led to the confession and reflect of the crime of this case, the first offender, the fact that he deposited for the police officer E, the age, character and conduct, environment of the defendant, the motive and circumstances leading to the crime of this case, and the circumstances after the crime, etc.

Public Prosecution Rejection Parts

1. On September 9, 2014, the Defendant: (a) around 18:30 on September 18, 2014, the Defendant: (b) sent a neighboring house to the victim G (39 years of age) and the victim F (39 years of age and female) who visited the neighboring house in the corridor of 10th, Nam-gu, Incheon Metropolitan City (39 years of age) ; (c) held that the Defendant: (a) fluencing the test cost under the influence of alcohol to the victim G; (d) 2 times the victim G’s left face demanding the death from the front of the said apartment; and (e) assaulted the victims by taking the victim’s left face one time in the victim F.

2. The facts charged in this part of the judgment are those falling under Article 260(1) of the Criminal Act and prosecuted against the clearly expressed will of the victim under Article 260(3) of the Criminal Act.

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