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(영문) 인천지방법원 2017.01.12 2016고단7607
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 20, 2016, around 23:10 on September 20, 2016, at the defendant's house, 801 Dongdong-gu Incheon apartment B apartment, 102, and 112 on domestic violence, the defendant listened to the situation of damage against the defendant's wife E, and the above C and D "I am am al, I am al, I am al, I am al, I am al, I am al, I am al, I am al, I Ga, I Ga, I am I al, I am I son, I am I am I k's chest part with the defendant's arms, and the above D puts the defendant's arms, while she was snicked by assaulting after roots."

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of the reported case by the above C, and insultd the said D as a patent victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to make inquiries, such as photographs, video CDs, each 112 reported case processing table, written resolution by the examination committee on the possibility of recurrence of domestic violence, criminal history, etc., investigation reports (Attachment to the previous summary order) and investigation reports (to listen to the suspect’s wife E statement by the suspect);

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. The scope of recommendations (Interference with the execution of public duties) on the sentencing criteria (the scope of recommendations) [the scope of punishment] the basic area (Interference with the performance of public duties and coercion of duties) (six months to one year and four months)] and the scope of comparative sentencing between recommendations and recommendations: Six months to four months;

2. Since 1992, the Defendant had served seven times a fine due to a violation of the Punishment of Violences, etc. Act, and was registered as a person likely to repeat domestic violence.

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