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(영문) 인천지방법원 2015.09.10 2015고단4599
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On July 22, 2015, the Defendant: (a) around 22:40, at the front of the D cafeteria located in the Namdong-gu Incheon Metropolitan City, the Defendant 112 reported on the protection of the hosts, and sent back to the Defendant, saying, “I am out of the victim F (24 years old), who was requested to return home from the police officer belonging to the Incheon Southern Police Station E-gu Police Station E-gu, Incheon, and called, “I am out of the marith, why the police spath, why the police spath, why the police spath, and why I am back of the victim’s right hand.”

In front of the E District Unit in the same Gu, the Defendant continued to use the victim’s left face on one occasion at the patrol car, and assaulted the victim’s flaps, such as flabing the flab, etc. by taking the victim’s flab.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding protective measures, and at the same time, at the same time, the Defendant committed “influences, tensions, etc.,” which require approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Photographs of damaged parts;

1. Application of Acts and subordinate statutes to the F;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of serious injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for the sentencing of Article 62-2 of the Criminal Act [the scope of recommendation] general injury (the general injury) category 1 (6-2 years) and the aggravated area (6-2 years) (in the case of the obstruction of performance of official duties of police officers] (the decision of sentence], the poor quality of the crime such as obstructing the performance of official duties of police officers, causing bodily injury to police officers, deposit KRW 50,000 for the damaged police officers, one time for the suspension of execution and one time for the obstruction of performance of official duties, and four times for violence.

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