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(영문) 인천지방법원 2015.07.02 2015고단1860
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 20, 2015, at around 23:40, the Defendant: (a) received 112 reporting that he assaults E, etc. in front of D gas stations located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and arrested the Defendant as a flagrant offender of the assault, and (b) taken the victim’s bath that “the victim is arrested as a flagrant offender of the assault, ring down the death and death of the police officer.” (c) assaulted the Defendant, which led the Defendant to force the Defendant’s left part of the Defendant’s left part of the police officer’s crime, and did not take a tax return, thereby interfering with legitimate execution of duties of the police officer’s crime prevention and suppression of the police officer’s crime; (d) at the same time, the victim took an open top of the body part of which is not

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement made to G, F, and H;

1. A report on investigation (Attachment to photographs of working clothes), and a photograph of working clothes of police officers;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] - Types 1 (General Bodily Infliction of Death) - In the case of obstruction of performance of official duties in the case of minor injury (1, 4 types) of mitigation elements - [Determination of the recommended area] basic area / [Determination of the recommended area] April to 1 year [the scope of recommendation range] - reflectd reflectd amount of mitigation elements / [Scope of punishment] applicable provisions of applicable law: One to 7 years [Determination of sentence] imprisonment for six months, two years of suspension of execution, community service 120 hours

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