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(영문) 인천지방법원 2015.07.23 2015고단3654
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

At around 21:40 on May 2, 2015, the Defendant assaulted the police officer’s legitimate execution of duties concerning the suppression and investigation of the police officer’s crime by assaulting four persons, such as the Defendant, who was under the influence of alcohol, to identify the details and identity of the Defendant, such as the F Zone Gman in the Incheon Central Police Station, who was called out after receiving a report of 112 from the said host E, that the Defendant was under the influence of alcohol, and then tried to grasp the Defendant’s contents and identity, such as the Defendant, 4 staff of the F Zone in the Incheon Central Police Station, which was called, on the hand hand, once the head of G was cut off with the G’s cell phone that taken two times the head of G with his hand, and thereby interfered with the Defendant’s legitimate execution of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and G;

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

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

1. The reason for the sentencing of Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] The execution of a sentence shall be postponed by taking into account the following factors: first category [Determination of the recommended area] basic area of the obstruction of performance of official duties (determination of the execution of official duties, six months to one year and four months): - The reason for general reference - there are no criminal records of the suspension of execution or more: positive reflective reflection, there is no criminal records of the suspension of execution or more: the defendant's detention entails excessive difficulty to his family members [decision of sentence] accompanied by the police officer's excessive difficulty (decision of sentence], the defendant was selected to be sentenced to imprisonment with prison labor in consideration of the fact that the defendant was punished for the crime of bodily injury, and there is no criminal records of the suspension of execution or more.

Six months of imprisonment, two years of suspended execution, community service hours 80 hours;

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