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(영문) 인천지방법원 2014.10.16 2014고단4759
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

1. On March 11, 2014, the Defendant assaulted the victim by twice the face of the victim on the floor of hand, when the victim D (the age of 26) operated by Gyeyang-gu Incheon Gyeyang-gu, Incheon, demanded the victim to change the drinking value.

2. On March 11, 2014, at around 23:25, the Defendant: (a) arrested a flagrant offender in the G District located in Gyeyang-gu Incheon for the foregoing reasons; and (b) expressed that the police officers, including G District GJ, who were affiliated with the G District, wished to “I am well away from the opening of the opening, sprinking, sprinking, sprinking, sprinking, sprinking, sprinking, and sprinking,” and that the Defendant expressed that “I am well away from the cell phone in which the number of treatment days cannot be known to the victim H’s face; (c) interfered with the police officer’s performance of official duties by causing injury to the victim, and at the same time, I am injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to H and D;

1. Article 136 (1) of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing of Article 62-2 of the Social Service Order Act: Category 1 (Determination of Punishment) of the obstruction of Performance of Official Duties [Decision of the Recommendation Area] Basic Field / [Decision of the Recommendation Area] / [Scope of the Recommendation Area] six months to one year and four months / [General Character] [Decision of the Punishment] / In the case where there occurs any injury which is not serious among the aggravated factors (Type 1] / The Decision of the Recommendation Area] Type 1 (General Violence) of the Crimes of Violence [Decision of the Punishment] Basic Field / [Limits of the Recommendation Area] / [Scope of the Decision of the Recommendation Area] 2 to 10 months / [Scope of the Final Sentence] 2 to 10 months / [The Decision of the Sentence 2] as a result of multiple aggravated crimes (Decision of the Sentence 1 to 19 years / 2]

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