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(영문) 인천지방법원 2017.02.16 2016고단9175
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 20, 2016, the Defendant: (a) arrested the Defendant as a current offender of the crime of assault at a police box of the reinforced police station located in Incheon, Incheon, at around 11:10 on November 20, 2016; and (b) avoided the disturbance, and (c) arrested the Defendant as a police officer belonging to the above police box, he gets the Defendant to use the patrol box for the patrol.

After the phrase "E", it was difficult for police officers, such as the above E, etc., to escape from disturbance by gathering one of the parties in the Defendant's lock, and taking a bath to the police such as the above E, etc. After which police officers, such as the above E, etc., prevented the Defendant, again, followed the part of the left part of the above E (32 tax) as soon as possible, thereby causing the victim E to suffer an incompetence of the number of days of treatment.

As a result, the defendant interfered with the legitimate execution of duties by police officers on the management of flagrant offenders, and at the same time injured the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. A protocol concerning the examination of the police officer in G;

1. Application of Acts and subordinate statutes to CCTV photographs, injuries photographs, and opinions;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties, the choice of imprisonment), and Article 257 (1) of the Criminal Act (the point of harm and the choice of imprisonment with labor);

1. The reasons for sentencing under Articles 40 and 50 of the Commercial Concurrent Act include: (a) the fact that the defendant had been subject to criminal punishment more than 18 times due to the obstruction of performance of the same kind of official duties and the disturbance of the government office; (b) the fact that the defendant's act was committed again; (c) the defendant's act was damaged by the victim police officer; (d) the fact that the defendant's act was committed against the defendant; and (e) the fact that the damaged police officer deposited a certain amount of money for the victimized public official; and (e) the defendant's age, sex, environment, motive and circumstance of the crime; and (e) the punishment as ordered is determined

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