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(영문) 인천지방법원 2016.07.20 2016고단3395
공무집행방해
Text

A defendant shall be punished by imprisonment for a period of five months.

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

Reasons

Punishment of the crime

On May 24, 2016, around 17:40, the Defendant: (a) around C Hospital located in Seo-gu Incheon, Seo-gu, Incheon; (b) “Many woman is working at a crosswalk,” in front of the C Hospital in Seo-gu, Incheon, upon receiving a report from 112, sent to the site, and received confirmation of the circumstances belonging to the Seo-gu, Incheon, Seo-gu Police Station D District Unit E, and personal information from police officers, etc.; and (c) took the Defendant’s abundance.

The defendant continued to see the patrol vehicle at the time of the above day, while bringing a bath to E in the address of the defendant located in Seo-gu Incheon, Seo-gu, Incheon, and assaulting E's left arms.

As a result, the defendant has prevented police officers from performing their legitimate duties on the dispatch of 112 reported police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and E;

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

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

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

1. Sentencing Criteria (the scope of final sentence due to the aggravation of multiple offenses): Crimes from June to February, and from Class 1 to Grade 2: The basic area that interferes with the performance of official duties (the obstruction of performance of official duties and coercion of duties);

2. The Defendant’s crime of this case shall be sentenced to imprisonment with prison labor on the face of two police officers wearing uniforms dispatched after receiving a report on the Defendant’s own.

However, in consideration of the fact that the defendant acknowledges and reflects the crime, the defendant has no same power and only a fine prior to 2010, the punishment below the recommended punishment shall be determined, and the execution thereof shall be suspended.

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