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(영문) 인천지방법원 2015.06.04 2015고단1923
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 19:00 on March 19, 2015, the Defendant obstructed the victim D’s restaurant business by force, such as booming the breath of the victim F (24 years old), which is the victim D’s children, who are children of the victim D, and booming the breath of the fat of the victim D, and booming the fat of the victim D, which is operated by the victim D, Nam-gu, Incheon.

2. At around 19:25 on the same day as the preceding paragraph, the Defendant: (a) expressed a bath to the police officer as “absort” at the above restaurant; (b) at the above restaurant; and (c) at the security guards of the Southern Police Station G District, called “absort” at the police officer; and (d) by assaulting a police officer’s breath, such as sarbing the 112 report, the Defendant obstructed the police officer’s legitimate execution of duties

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and F;

1. Written statements of D;

1. Application of CCTV image Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Group 1 crime (Determination of Punishment) (Obstruction of Performance of Official Duties) (Article 1 (Compulsory Obstruction of Performance of Official Duties) (Article 1) (Compulsory Obstruction of Performance of Official Duties) - mitigated elements: In cases where the degree of assault, intimidation, and deceptive scheme is insignificant, the area of mitigation [Determination of the recommended area] mitigated (Article 1 to August);

2. Class 1 (Special Assaults): Act on the Punishment, etc. of Violence: Where the degree of violence is minor (determination of the recommended sphere), the mitigated area (one month to August); and

3. Results of aggravating multiple offenses (a/2 of the upper limit of crimes No. 2): One month to one year; and

4. The elements of sentencing as above and the defendant were punished 13 times for violent crimes.

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