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(영문) 인천지방법원 2019.09.26 2019고단4841
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. Around 23:00 on July 6, 2019, the Defendant used a smartphone, which is a dangerous object in front of the Incheon Gyeyang-gu B apartment Cdong, at a multiple price, the face of the victim D (the age of 52) where he/she had lapsed, without any justifiable reason.

2. On July 7, 2019, the Defendant was arrested as a flagrant offender for the same criminal facts as indicated in paragraph (1) and was brought to the F Zone of the Incheon Gyeyang-gu Police Station in Gyeyang-gu, Incheon. On July 7, 2019, the Defendant committed assault, such as assaulting the face of the said G by drinking, when the Defendant was able to escape from G with sound within the said zone, and was able to escape from the police officer belonging to the said zone.

Accordingly, the defendant interfered with the police officer's criminal control and legitimate execution of duties concerning global situation service.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and G;

1. Each statement of H and D preparation;

1. Investigation report (district CCTV search);

1. Application of field photographs, photographs of damaged parts of each victim, and CCTV image photographs;

1. Relevant provisions of the Criminal Act, Articles 261 and 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Violence Decision) (Special Violence / [Determination of Punishment] Violence / [Type 6] Cumulative Offense and Special Violence (Special / Aggravated Punishment / Aggravated Punishment / Aggravated Punishment : In cases of committing a crime against unspecified victims (the area of recommendation and the scope of recommendation), the basic area of the crime (the area of recommendation and the scope of recommendation), from April to October;

B. Second Crimes (Determination of Punishment of Obstruction of Performance of Official Duties) / [Type 1] Obstruction of Performance of Official Duties / No person who has been forced to perform his/her duties / her duties / her basic area (the scope of recommendation area and recommendation range], and six months to one year and six months of imprisonment.

(c) Standards for handling multiple crimes shall be met;

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