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(영문) 인천지방법원 2017.03.15 2016고단8124
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 15, 2016, at around 04:15, the Defendant, in front of the C convenience store in Gyeyang-gu Incheon Metropolitan City, was under the influence of alcohol in the street, provided D and her body fighting with D as an employee of the business partner, who is an employee of the business partner in front of the C convenience store in Gyeyang-gu, Incheon. Upon receipt of 112 report, the Defendant called up and called up to D and asked the Defendant to take care of the Defendant’s office from E, and arrived at the eight floors of the Incheon Gyeyang-gu I building, which was located in the office of the Defendant by the patrolman.

The Defendant, upon getting off from the elevator at that place, expressed his desire to “I am. I am. I am, I am, I am, I am to am, I am to am dead, I am to am dead.” As a result, I am to walk the clothes and legs of H one time, and the face of G am to go back one time with head, and tried to go to the above police officers.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives and bodies of the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. Application of Acts and subordinate statutes of 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Sentencing Criteria (the scope of final sentence due to the increase in multiple offenses): Crimes from June to two years, and from the basic area (from June to January to April) of the basic area (Interference with the performance of public duties) of interfering with the performance of public duties;

2. The crime of this case is deemed to have been committed by two police officers dispatched upon receiving a report, and is deemed to be disadvantageous, and in particular, the defendant is likely to be subject to imprisonment because it is highly likely to be subject to criticism during the period of probation.

However, considering the fact that the defendant is recognized as committing a crime, that the defendant has no same power, and that the period of suspension of execution is too excessive.

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