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(영문) 인천지방법원 부천지원 2016.10.21 2016고단2209
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Power】 On April 8, 2014, the Defendant was sentenced to two years of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) at the Seoul Southern District Court (hereinafter “Seoul Southern District Court”) and completed the execution of the said sentence in the Gyeongbukbuk Branch 3 Prison on February 25, 2016.

【Criminal Facts of Crimes” around 02:10 on September 6, 2016, the Defendant obstructed the legitimate execution of duties concerning the crime prevention and maintenance of order by police officers, such as a police officer, who received a report and received a request for confirmation of identity from F, 1,000 U.S. E district unit of the Busan, 1,000 U.S. police station E district unit, and a police officer who received a request for confirmation of identity from F, 2000 U.S. police officer on one occasion on the part of F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. A H statement;

1. A criminal investigation report, E District Work Date, and a report on internal investigation (to hear the statements of shootings);

1. Previous convictions indicated in judgment: A criminal investigation report (Attachment of a judgment on transfer of a suspect), the status of personal confinement, and the application of Acts and subordinate statutes;

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

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor (one to eight months) in the mitigation area (a person who has been specially mitigated) [a] of the obstruction of performance of official duties, the crime of this case is committed only for six months after the discharge [a] six months after the discharge, and the elements for the sentencing of the crime of this case, such as the fact that there are many previous convictions and the records of punishment due to violent crimes, and the fact that the degree of violence is relatively minor, and other favorable factors for the sentencing such as the defendant's age, character and conduct, circumstances before and after the crime, etc., the same sentence as the order shall be determined by taking into

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