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(영문) 인천지방법원 2016.05.19 2016고단844
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 January 1, 2015, the Defendant was notified of the violation of the Punishment of Minor Offenses Act (Obstruction of Business) by a private victim E, a private person, belonging to the police station D District of Jung-gu, Incheon, which was dispatched after receiving a report, on the front of the C main office located in Jung-gu, Incheon, Jung-gu, Incheon, as the crime of violation of the Punishment of Minor Offenses (Obstruction of Business) on the roads of the C main office located in the B of Jung-gu, Incheon, Jung-gu, the Defendant: (a) the Defendant: (b) the Defendant was notified of the notification from the private victim E; (c) whether the Defendant paid the

whether there is a person who does not reply to the controlled facts;

Along with imprisonment with prison labor, we would make it possible for the police officers of this bucker to reply again, and there was assault that the victim's right-hand bucks are walking once.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and four months) (the interference with the performance of official duties and coercion of official duties) shall be limited to the category 1 (the interference with the performance of official duties and coercion of official duties).

2. The following facts are considered as favorable circumstances: (a) the offense subject to the decision of sentence is a crime interfering with the functions of the State or a public institution; (b) the Defendant, even though having been subject to punishment several times as a crime with violent inclinations, again commits a crime; (c) the fact that the Defendant is divided into and reflects the offense; (d) the fact that the principal offender seems to have reached an contingent crime; and (e) the fact that there is no criminal record exceeding fines, etc.; and (e) the Defendant’s age, sex behavior, environment, motive and background of the offense; and (e) the circumstances after the crime

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