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(영문) 인천지방법원 2016.04.21 2016고단449
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant, on December 19, 2015, in the Nam-gu Incheon Metropolitan City B around 21:03 on December 19, 2015, "I am a male sound from the stairs of the first floor of the building."

“In order to discover and return home to the Defendant, the police commander E of the Incheon Southern East Police Station D Police Station, who was called upon 112 a report, and the police commander E and the police officer F sent to the Defendant, was located in the Defendant’s house. However, while taking a bath, the police officer was urged to sit on the Defendant’s arms, and the above E was recommended to sit on the floor; “I am well in the police match;

맞짱 뜨자. ”라고 욕설을 하면서 한 손으로 위 E의 팔을 잡아당기고 다른 한 손으로 위 E의 멱살을 붙잡고 상의 조끼와 바지를 잡아당겨 찢는 등 폭행하여 위 E의 국민의 생명ㆍ신체의 보호에 관한 경찰관의 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to tear or tear tear;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to one year and four months) (no person in special sentencing) shall interfere with the performance of official duties;

2. Although the decision-making of the sentence requires a strict punishment for the act of exercising force against the police officer who performed official duties, the sentence like the order shall be determined by comprehensively taking into account the following factors: (a) the fact that the defendant appears to recognize and reflect his criminal act; (b) there was no record of punishment exceeding the fine imposed on the defendant; and (c) the defendant’s age, occupation, sex, environment, and circumstances before and after the instant crime.

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